Intertie_1_EXHIBITS_5.30.24.pdf

Regional Drought Resiliency Project – Intertie General Construction Permit

EXHIBIT A

GENERAL CONSTRUCTION PERMIT

Exhibit Follows

PAGE | i

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD

1001 I Street Sacramento, CA 95814 https://www.waterboards.ca.gov

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH

CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES

(GENERAL PERMIT)

ORDER WQ 2022-0057-DWQ

NPDES NO. CAS000002

IT IS HEREBY ORDERED that this Order supersedes Order 2009-0009-DWQ as amended by Order 2010-0014-DWQ and 2012-0006-DWQ except for: (1) the requirement to submit annual reports by September 1, 2023, (2) enforcement purposes, and (3) as set forth in Section III.C of this Order. The discharger shall comply with the requirements in this Order to meet the provisions contained in Division 7 of the California Water Code (commencing with § 13000) and regulations adopted thereunder, and the provisions of the federal Clean Water Act and regulations and guidelines adopted thereunder.

IT IS ALSO HEREBY ORDERED that on or after December 17, 2022, a discharger deploying Executive Order N-73-20 may obtain regulatory coverage through the statewide programmatic permitting option in Section III.B.4 under Order 2009-0009-DWQ as amended by Orders 2010-0014-DWQ and 2012- 0006-DWQ until September 1, 2023.

This Order was adopted by the State Water Resources Control Board on:

September 8, 2022

This Order shall become effective on: September 1, 2023

The statewide programmatic permitting option per Section III.B.4 of this Order shall become effective on:

December 17, 2022

This Order shall expire on: August 31, 2028 https://www.waterboards.ca.gov/

NPDES No. CAS000002

ORDER WQ 2022-0057-DWQ PAGE | ii

I, Jeanine Townsend, Clerk to the Board, do hereby certify that this Order with all attachments is a full, true, and correct copy of an Order adopted by the State Water Resources Control Board, on September 8, 2022.

AYE: Chair E. Joaquin Esquivel Board Member Sean Maguire Board Member Laurel Firestone Board Member Nichole Morgan NAY: None ABSENT: Vice Chair Dorene D’Adamo ABSTAIN: None for Jeanine Townsend Clerk to the Board

ORDER WQ 2022-0057-DWQ PAGE | iii

Table of Contents

I. FINDINGS

II. SCOPE OF GENERAL PERMIT COVERAGE

III. OBTAINING, REVISING, AND TERMINATING PERMIT COVERAGE. 12

IV. PERMIT REQUIREMENTS

V. SITE ROLES AND PERSONNEL

VI. STANDARD PROVISIONS

VII. REGIONAL WATER BOARD AUTHORITIES

ORDER WQ 2022-0057-DWQ PAGE | iv

LIST OF ATTACHMENTS

Attachment A Acronyms and Terms

Attachment B Glossary

Attachment C Contacts

Attachment D Traditional Construction Risk Level Requirements

Attachment D.1 Risk Determination Worksheet

Attachment D.2 Permit Registration Document Requirements

Attachment E Linear Underground and Overhead Project Requirements

Attachment E.1 Linear Underground and Overhead Project Area or Segment Area Type Determination

Attachment E.2 Permit Registration Document Requirements for Linear Underground and Overhead Projects

Attachment F Active Treatment System Requirements

Attachment G Requirements for the Use of Passive Treatment Technologies

Attachment H Total Maximum Daily Load Implementation Requirements Applicable to Construction Stormwater Discharges

Attachment I Requirements for Dischargers Granted a California Ocean Plan Exception for Discharges to Areas of Special Biological Significance

Attachment J Dewatering Requirements

ORDER WQ 2022-0057-DWQ PAGE | 1

I. FINDINGS

The State Water Resources Control Board (State Water Board) finds that:

1. The Federal Water Pollution Control Act, also referred to as the Clean Water Act, prohibits certain discharges of stormwater containing pollutants to waters of the United States except in compliance with a National Pollutant Discharge Elimination System (NPDES) permit (Title 33 United States Code (U.S.C.)

§§ 1311 and 1342(p); also referred to as Clean Water Act §§ 301 and 402(p)).

The United States Environmental Protection Agency (U.S. EPA) promulgates federal regulations to implement the Clean Water Act’s mandate to control pollutants in stormwater runoff discharges. (Title 40 Code of Federal Regulations (CFR) Parts 122, 123, and 124). The federal statutes and regulations require discharges to waters of the United States comprised of stormwater associated with construction activity to obtain NPDES permit coverage (except operations that result in disturbance of less than one acre of total land area and that are not part of a larger common plan of development or sale). Construction activity includes, but is not limited to, clearing, demolition, grading, excavation, and other land disturbance activities. The NPDES permit shall require implementation of Best Available Technology Economically Achievable (BAT) and Best Conventional Pollutant Control Technology (BCT) to reduce or eliminate pollutants in stormwater runoff. The NPDES permit shall also include any additional requirements necessary to achieve applicable water quality standards.

2. Consistent with Water Code, § 13374, this NPDES permit also serves as waste discharge requirements for discharges of pollutants in stormwater runoff (stormwater discharges) associated with construction and land disturbance activities and is hereinafter referred to as General Permit.

3. A “discharger” is a person, as defined in Water Code § 13050(c), which includes companies and governmental bodies, subject to this General Permit who is responsible for compliance with this General Permit. The discharger designates the Legally Responsible Person(s) to serve as a primary signatory when required to sign, certify, and submit documents or information for this General Permit. The Legally Responsible Person(s) may also designate a Duly Authorized Representative(s) to sign, certify, and submit documents or information for this General Permit. “Discharger” and the designated “Duly Authorized Representative” are further defined in Attachment B of this General Permit.

4. This General Permit regulates discharges to waters of the United States from stormwater and authorized non-stormwater associated with construction activity from sites that disturb one or more acres of land surface, or that are part of a common plan of development or sale that disturbs more than one acre of land surface.

5. This General Permit regulates discharges to waters of the United States from stormwater and authorized non-stormwater associated with construction activities

ORDER WQ 2022-0057-DWQ PAGE | 2

from all linear underground and overhead projects resulting in the disturbance of greater than or equal to one acre (Attachment E).

6. This General Permit does not preempt or supersede the authority of local stormwater management agencies to prohibit, restrict, or control stormwater discharges to municipal separate storm sewer systems or other watercourses within their jurisdictions.

7. This action to adopt a general NPDES permit is exempt from the provisions of Chapter 3 of the California Environmental Quality Act (Public Resources Code § 21100, et seq.), pursuant to § 13389 of the California Water Code.

8. Regional Water Quality Control Boards (Regional Water Boards) establish water quality standards in water quality control plans. The State Water Board establishes water quality standards in various statewide water quality control plans, including the California Ocean Plan and the forthcoming Inland Surface Waters, Enclosed Bays, and Estuaries of California Plan. U.S. EPA establishes water quality standards in the National Toxic Rule and the California Toxic Rule.

9. Pursuant to 40 Code of Federal Regulations § 131.12 and State Water Board Resolution No. 68-16 (antidegradation policy), which incorporates applicable requirements of § 131.12, in high quality waters, discharges may not unreasonably affect beneficial uses, result in water quality less than the quality specified by water quality objectives, or cause a pollution or nuisance, except as allowed under the antidegradation policy. The federal antidegradation policy requires that “existing instream uses and the level of water quality necessary to protect the existing uses” are maintained and protected. If the baseline quality of a waterbody for a given constituent “exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected” through the requirements of this Order unless the State Water Board makes findings that: (1) any lowering of the water quality is “necessary to accommodate important economic or social development in the area in which the waters are located”; (2) “water quality adequate to protect existing uses fully” is assured; and (3) “the highest statutory and regulatory requirements for all new and existing point sources and all cost-effective and reasonable best management practices for nonpoint source control” are achieved. For high quality waters, Resolution No. 68-16 requires findings that any lowering of water quality is “consistent with the maximum benefit to the people of the State” and “will not unreasonably affect present and anticipated beneficial use of such water and will not result in water quality less than that prescribed in the policies” and further that the discharge is subject to “waste discharge requirements which will result in the best practicable treatment or control of the discharge.”

10. The State Water Board finds that the permitted discharges authorized by this Order are consistent with the antidegradation provision of 40 CFR §131.12 and State Water Board Resolution No. 68-16, as set forth in Section I.H.2 in the Fact Sheet.

http://www.waterboards.ca.gov/board_decisions/adopted_orders/resolutions/1968/rs68_016.pdf

ORDER WQ 2022-0057-DWQ PAGE | 3

11. This General Permit serves as an NPDES permit in compliance with Clean Water Act § 402 and will be effective on September 1, 2023, except for the statewide programmatic permitting option per Section III.B.4 of this Order which will go into effect on December 17, 2022, provided the Regional Administrator of the U.S. EPA has no objection. If the U.S. EPA Regional Administrator objects to its issuance, this General Permit will not become effective until such objection is withdrawn.

12. The Regional Water Boards and the State Water Board, collectively referred to as the Water Boards, shall enforce the provisions herein following adoption and upon the effective date of this General Permit.

13. Stormwater discharges from dredge spoil placement that occur outside of waters of the state (upland sites) and that disturb one or more acres of land surface from construction activity are covered by this General Permit. This General Permit does not cover the discharge of dredged or fill material to waters of the state.

Construction projects that include the discharge of dredged or fill material to waters of the state should contact the applicable Regional Water Board to obtain authorization for the discharge of dredged or fill material to waters of the state.

14. The discharge of dredged or fill material to a water of the United States is regulated by the United States Army Corps of Engineers under Clean Water Act § 404, and by the Water Boards under Clean Water Act § 401. The discharge of dredged or fill material to a water outside of federal jurisdiction may be regulated by the Water Boards under the Porter-Cologne Water Quality Control Act. This General Permit does not authorize discharges of fill or dredged material regulated by the U.S. Army Corps of Engineers under CWA § 404 and does not constitute a waiver of water quality certification under CWA § 401.

15. Compliance with requirements contained in this General Permit does not supersede or constitute compliance with other regulatory requirements also applicable to discharges regulated by this General Permit, including waste discharge prohibitions in regional and statewide water quality control plans.

16. The State Water Board heard and considered all comments and testimony in a public hearing on August 4, 2021, as publicly noticed in accordance with state and federal laws and regulations. The State Water Board has prepared written responses to all significant comments.

17. The Homeland Security Act of 2002 (U.S. 116 STAT. 2135 and Title 6 U.S. Code Chapter 1 § 101) requires any information provided to the Water Boards per a regulatory action taken by the Water Boards shall comply with the Homeland Security Act and other federal law that address security in the United States; the discharger should not submit any information that does not comply.

18. The discharger is required to comply with this General Permit’s conditions for all discharges associated with stormwater from construction activity and authorized non-stormwater discharges by this General Permit or another NPDES permit

ORDER WQ 2022-0057-DWQ PAGE | 4

issued by the State Water Board or a Regional Water Board. All other discharges are prohibited by this General Permit.

19. Unauthorized non-stormwater discharges are prohibited, including improper dumping, spills, or leakage from storage tanks or transfer areas. Non-stormwater discharges may contribute significant pollutant loads to receiving waters.

20. All discharges which contain a hazardous substance in excess of reportable quantities established in 40 Code of Federal Regulations §§ 117.3 and 302.4, are prohibited unless a separate NPDES permit has been issued to regulate those discharges.

21. Stormwater that is exposed to by-products and waste products resulting from demolition activities may transport and discharge pollutants off-site and into receiving waters.

22. In 2008, the State Water Board and the California Stormwater Quality Association (CASQA) led a group of stakeholders in developing and establishing the Construction General Permit Training Team (CGPTT). Subsequently, the CGPTT developed the training program and certification process for Qualified Stormwater Pollution Prevention Plan (SWPPP) Developer (QSD) and the Qualified SWPPP Practitioner (QSP) conducting work required by this General Permit. In 2010, CASQA and the State Water Board entered into a Memorandum of Agreement to document their respective understandings, roles, and responsibilities for the implementation of the QSD/QSP training program. The Memorandum of Agreement notes that the CASQA QSD/QSP Training Program constitutes a State Water Board-approved training course pursuant to the Construction Stormwater General Permit. The Memorandum of Agreement also documents that CASQA will continue to lead the QSD/QSP training program, with guidance from the CGPTT.

23. Per the Memorandum of Agreement, CASQA is responsible for qualifying and overseeing Trainers of Record who deliver the official QSD/QSP training program curricula in a manner consistent with the standards established by the CGPTT.

24. All California professional engineering, land surveying, and geology work is licensed by the Board for Professional Engineers, Land Surveyors, and Geologists.1 Pursuant to the Professional Engineers Act (Bus. and Prof. Code § 6700, et seq.), all engineering work is required to be performed by a California licensed professional engineer. Pursuant to the Profession Land Surveyor’s Act (Bus. and Prof. Code §§ 8700 – 8805), all land surveying work is required to be performed by a California licensed profession land surveyor. Pursuant to the Professional Geologist and Geophysicist’s Act (Bus. and Prof. Code §§ 7800 –

1 Department of Consumer Affairs, California Board for Professional Engineers, Land Surveyors, and Geologists website <https://www.bpelsg.ca.gov/> [as of July 2022] https://cawaterboards.sharepoint.com/DWQ/ICSW/Documents/CGP%20Reissuance/2021-2022%20CGP%20Reissuance%20Development/2022%20September%20Proposed%20CGP%20for%20Adoption%20(Admin%20Record)/Word%20Tracked%20Changes_07122022/Department%20of%20Consumer%20Affairs,%20California%20Board%20for%20Professional%20Engineers,%20Land%20Surveyors,%20and%20Geologists%20website https://cawaterboards.sharepoint.com/DWQ/ICSW/Documents/CGP%20Reissuance/2021-2022%20CGP%20Reissuance%20Development/2022%20September%20Proposed%20CGP%20for%20Adoption%20(Admin%20Record)/Word%20Tracked%20Changes_07122022/Department%20of%20Consumer%20Affairs,%20California%20Board%20for%20Professional%20Engineers,%20Land%20Surveyors,%20and%20Geologists%20website

ORDER WQ 2022-0057-DWQ PAGE | 5

7887), all geological work is required to be performed by a California licensed professional geologist.

25. Precipitation events can occur at any time of the year in California. On-site stormwater management is necessary throughout the entire year to ensure sites implement adequate erosion and sediment controls prior to the onset of a precipitation event, even if construction is planned only during the typically dry season.

26. Soil particles smaller than 0.02 millimeters (mm) (i.e., finer than medium silt) do not settle easily using conventional measures for sediment control (i.e., sediment basins). Fine particles discharged into surface waters cause downstream impacts to beneficial uses in the receiving water. Actively treating construction stormwater discharges with properly operated and maintained active treatment systems can reduce the turbidity level and sediment concentration in the discharge to levels that comply with receiving water limitations.

27. The State Water Board convened a Blue-Ribbon Panel (Panel) of stormwater experts that submitted a report entitled “The Feasibility of Numeric Effluent Limits Applicable to Discharges of Stormwater Associated with Municipal, Industrial and Construction Activities,” dated June 19, 2006. The Panel concluded that numeric effluent limitations or numeric action levels are technically feasible to regulate construction stormwater discharges. The Panel concluded that numeric effluent limitations are feasible for discharges from sites that utilize an active treatment system. The Panel also concluded that numeric action levels are likely to be more commonly feasible. The previous permit (Order 2009-00095 (mA4> feasib). ( )-3 s

ATTACHMENT D.1 D.1-5

Nomograph from Erickson 1977, as referenced in Goldman et. al., 1986.

Length-Slope (LS) Factor Table for Construction Sites

To determine a construction site's specific LS factor locate the intercept of the site's Sheet Flow Length (ft) and Average Watershed Slope (percent). Table from Renard et. al., 1997.

ATTACHMENT D.1 D.1-6

Step 2 – Receiving Water Risk Worksheet Receiving water risk is based on whether a project drains to a water body or watershed that is sediment-sensitive. If the answer to either question below is “yes”, the project is considered a high receiving water risk. If the answer to both questions below is “no”, the project is considered a low receiving water risk.

1. Does the disturbed area discharge (either directly or indirectly) to a 303(d)-listed water body impaired by sediment? For help with identifying impaired water bodies, please refer to the 2020 – 2022 California Integrated Report (Clean Water Act Section 303(d) - 305(b) Report) (https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/ 2020_2022_integrated_report.html).

OR

2. Does the disturbed area discharge (either directly or indirectly) to a water body with designated beneficial uses of COLD, SPAWN, and MIGRATORY? For help with identifying designated beneficial uses, please refer to the appropriate Regional Water Quality Control Board Basin Plan below.

Region 1 – North Coast Basin Plan (https://www.waterboards.ca.gov/northcoast/water_issues/programs/basin_plan/) Region 2 – San Francisco Bay Basin Plan (https://www.waterboards.ca.gov/sanfranciscobay/basin_planning.html#2010basinplan) Region 3 – Central Coast Basin Plan (https://www.waterboards.ca.gov/centralcoast/publications_forms/publications/basin_pla n/index.html) Region 4 – Los Angeles Basin Plan (https://www.waterboards.ca.gov/losangeles/water_issues/programs/basin_plan/) Region 5 – Central Valley Basin Plan3

(https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/index.html) Region 6 – Lahontan Basin Plan (https://www.waterboards.ca.gov/lahontan/water_issues/programs/basin_plan/index.htm l) Region 7 – Colorado River Basin Plan (https://www.waterboards.ca.gov/coloradoriver/water_issues/programs/basin_planning/) Region 8 – Santa Ana Basin Plan (https://www.waterboards.ca.gov/santaana/water_issues/programs/basin_plan/index.ht ml)

3 The Central Valley Basin Plan lists the COLD beneficial use designation as part of the SPAWN and MIGRATORY beneficial uses. Waterbodies will be considered high-risk receiving waters if listed as SPAWN (COLD) and MIGRATORY (COLD).

https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2020_2022_integrated_report.html https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2020_2022_integrated_report.html https://www.waterboards.ca.gov/northcoast/water_issues/programs/basin_plan/ https://www.waterboards.ca.gov/sanfranciscobay/basin_planning.html#2010basinplan https://www.waterboards.ca.gov/centralcoast/publications_forms/publications/basin_plan/index.html https://www.waterboards.ca.gov/losangeles/water_issues/programs/basin_plan/ https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/index.html https://www.waterboards.ca.gov/lahontan/water_issues/programs/basin_plan/index.html https://www.waterboards.ca.gov/coloradoriver/water_issues/programs/basin_planning/ https://www.waterboards.ca.gov/santaana/water_issues/programs/basin_plan/index.html

ATTACHMENT D.1 D.1-7

Region 9 – San Diego Basin Plan (https://www.waterboards.ca.gov/sandiego/water_issues/programs/basin_plan/index.ht ml) Sediment-Sensitive Watershed GIS Map Method State Water Board staff has prepared a High-Risk Receiving Watershed Map tool (https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/ guidance/receivingwaterrisk.pdf) to assist dischargers with determining site-specific receiving water risk. Additionally, SMARTS is equipped with an auto-populate feature that can determine the receiving water risk based on the project latitude and longitude coordinates. Projects located in the watersheds highlighted in red are considered high-risk. Please note that the map option may not reflect the correct receiving watershed, lacking site-specific drainage information.

The discharger is responsible for identifying the appropriate receiving water. If the project does not discharge to the watershed as depicted on the High-Risk Receiving Watershed Map, please contact the appropriate Regional Water Quality Control Board.

Site-Specific Receiving Water Risk (High or Low) = __________

Step 3 – Combined Risk Level Matrix The below matrix is used to determine the combined Risk Level of the project, factoring in both sediment risk and receiving water risk.

Combined Risk Level (1, 2, or 3) = _____________ https://www.waterboards.ca.gov/sandiego/water_issues/programs/basin_plan/index.html https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/guidance/receivingwaterrisk.pdf

ATTACHMENT D.2 D.2-1

ATTACHMENT D.2

PERMIT REGISTRATION DOCUMENT REQUIREMENTS

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED

WITH CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES

(GENERAL PERMIT)

I. PERMIT REGISTRATION DOCUMENT REQUIREMENTS

All Linear Underground and Overhead Projects shall comply with the Permit Registration Document requirements in Attachments E, E.1, and E.2 of this General Permit. All traditional construction projects shall comply with Permit Registration Document requirements in this General Permit and this Attachment.

I.A. General Permit Registration Document Submittal Requirements Dischargers of stormwater associated with construction activity that result in the disturbance of one acre or more of land area shall apply for and obtain coverage under NPDES General Construction for Stormwater Discharges Associated with Construction and Land Disturbance Activities (General Permit). Any construction activity that is a part of a larger common plan of development or sale must also be covered under this General Permit, regardless of size. For example, if 0.5 acre of a 20-acre subdivision is disturbed by the construction activities of discharger A and the remaining 19.5 acres is to be developed by discharger B, discharger A must obtain this General Permit for the 0.5-acre site.

Other discharges from construction activities that are covered under this General Permit can be found in Section II of the Order of this General Permit.

It is the Legally Responsible Person’s responsibility to obtain coverage under this General Permit by electronically certifying and submitting complete Permit Registration Documents.

I.B. Fees I.B.1. A discharger must submit the appropriate fee with its completed Notice of Intent application package. Fees are established through regulations adopted by the State Water Board every year.1 Fees are subject to change by regulation.

I.B.2. Where the fee is calculated based upon the total area of land disturbed (opposed to the total acreage of land owned), total acreage includes all areas anticipated to be disturbed throughout the duration of the project (e.g., 10 acres are scheduled

1 California Code of Regulations (CCR), Title 23, Division 3, Chapter 9. Waste Discharge Reports and Requirements, Article 1. Fees.

ATTACHMENT D.2 D.2-2

to be disturbed the first year and 10 acres in each subsequent year for 5 years;

the fees would be based upon 50 acres of total disturbance).

I.B.3. Dischargers that apply for and satisfy the Small Construction Rainfall Erosivity Wavier requirements shall pay the applicable fee.

I.C. Permit Registration Document Submittal Prior to Commencement of Construction Dischargers proposing to conduct construction activities subject to this General Permit shall certify and submit Permit Registration Documents prior to the commencement of construction activity. Construction activity cannot commence until the WDID number is issued.

In all cases, except public emergencies (e.g., wildfire, flood), Permit Registration Documents must be completed and WDID number issued before construction can commence (refer to Section III.A.3 of the Order of this General Permit).

I.D. Submittal of Complete Permit Registration Documents All dischargers required to comply with this General Permit shall electronically certify and submit the required Permit Registration Documents, through the Stormwater Multiple Application and Report Tracking System (SMARTS). The discharger shall assure that all information in its Permit Registration Documents complies with the Homeland Security Act and other federal law addressing security in the United States.

The discharger shall submit completed Permit Registration Documents to obtain coverage under this General Permit. If any of the required items are incomplete or missing, the submittal will be rejected.

The State Water Board will process the application package in the order received and assign a WDID number upon receipt of a complete submittal. Permit coverage begins once a WDID number is assigned.

II. STANDARD PERMIT REGISTRATION DOCUMENTS

II.A. Notice of Intent The Notice of Intent is a site-specific application to obtain coverage for discharges of stormwater and authorized non-stormwater from construction and land disturbance activities to waters of the United States. The application includes the entry of site information, contact information, and site-specific requirements.

II.B. Risk Level Determination All dischargers are required to conduct a Risk Level Determination, where the site’s overall risk is separated into sediment risk and receiving water risk. The discharger must utilize either the Water Board’s standard risk determination (provided in

ATTACHMENT D.2 D.2-3

SMARTS), a site-specific risk determination, or a combination of the two as described in Attachment D.1 of this General Permit.

II.B.1. A standard risk determination, using the Geographic Information Systems (GIS) map method, includes utilizing the following:

i. U.S. EPA Rainfall Erosivity (R) Factor Calculator website;

ii.. Sediment Risk Map tool; and

iii. High-Risk Receiving Watershed Map tool.

II.B.2. A site-specific risk determination, using the individual method, includes utilizing the following:

i. U.S. EPA Rainfall Erosivity (R) Factor Calculator website;

ii. Manually calculated soil erodibility (K) and length-slope (LS) factors; and

iii. 303(d) list of water bodies impaired for sediment.

II.B.3. The applicable beneficial uses for the receiving water are listed in the Regional Water Quality Control Board Basin Plan applicable to the site.

II.B.4. Sites that discharge to an unlisted receiving water that is tributary to a sediment-sensitive waterbody, within the Hydrologic Unit Code 10 (HUC 10) watershed scale, are considered high receiving water risk sites.

II.B.5. The discharger may use a combination of the standard and site-specific risk determination methods to calculate the soil erodibility (K), length-slope (LS) sediment risk, and receiving water risk factors.

II.B.6. The discharger shall calculate the site's sediment risk and receiving water risk during all phases of construction activity (e.g., demolition and pre-development site preparation, grading and land development, streets and utilities, vertical construction, final landscaping, and site stabilization). The construction start date begins with initial disturbance to land, including disturbances under previous landowners, and ends with final stabilization of the site.

II.B.7. SMARTS will assign the higher Risk Level to the entire site for any site spanning two or more planning watersheds.

II.B.8. Sites, parcels, or individual lots that are part of a larger plan of development shall include the larger plan of development in Risk Level determination. The discharger shall include this determination in the Permit Registration Documents submittal.

ATTACHMENT D.2 D.2-4

II.B.9. Dischargers may request that the Regional Water Board revise the site-specific Risk Level determination values in SMARTS by providing the following information to the Regional Water Board:

i. A site-specific soils test (ASTM D-422)2,3 certified by an accredited Materials

Testing Laboratory and reviewed by a QSD to determine the K factor used in the revised Risk Level determination. The soil testing must include the soil classification method used (e.g., Unified Soil Classification System);

ii. Review of a site-specific survey or plan by a QSD to determine the LS factor used in the revised Risk Level determination; and

iii. A revised Risk Level determination manually calculated in accordance with Attachment D.1 of this General Permit.

II.C. Site-Specific Stormwater Pollution Prevention Plan, Drawings, and Map The Stormwater Pollution Prevention Plan (SWPPP) (including site-specific drawings and map) is a site-specific document developed for implementation of this General Permit. The SWPPP shall be developed by a Qualified SWPPP Developer and certified and submitted by each discharger with the other Permit Registration Documents.

II.D. Additional Requirements II.D.1. All dischargers, other than Linear Underground and Overhead Project dischargers or dischargers subject to the post-construction requirements of an existing NPDES Phase I or II MS4 permit, shall complete the post-construction calculations and upload post-construction plans and other supporting documentation as an attachment in SMARTS.

II.D.2. All dischargers, other than Linear Underground and Overhead Project dischargers, within a Phase I or II municipal separate storm sewer system permitted area, shall upload the following items in SMARTS:

II.D.2.a. An attachment or web-source containing the applicable NPDES Phase I or Phase II municipal separate storm sewer system permittee’s post-construction requirements; and

II.D.2.b. The post-construction plans and calculations submitted to or approved by the applicable NPDES Phase I or Phase II municipal separate storm sewer system permittee.

2 ASTM D-422 is the standard test method used for the quantitative determination of the distribution of particle sizes in soils.

3 Environmental Protection Agency, American Society for Testing and Materials (ASTM) Standards, <https://www.epa.gov/sites/default/files/2020-01/documents/sedc_2004- 2005_append.pdf> [as of June 22, 2022] https://www.epa.gov/sites/default/files/2020-01/documents/sedc_2004-2005_append.pdf

ATTACHMENT D.2 D.2-5

II.D.3. Dischargers who are proposing to implement an Active Treatment System shall also certify and submit in SMARTS:

II.D.3.a. Complete Active Treatment System Plan in accordance with Attachment F at least 14 days prior to the planned operation of the Active Treatment System and a copy shall be available on-site during Active Treatment System operation;

II.D.3.b. System design and supporting documentation; and II.D.3.c. Proof that the system and/or Active Treatment System Plan was designed by a qualified Active Treatment System professional in accordance with Attachment F of this General Permit.

II.D.4. Dischargers who are proposing to implement passive treatment shall certify and submit in SMARTS:

II.D.4.a. Complete Passive Treatment Plan in accordance with Attachment G of this General Permit at least 14 days prior to the planned operation of the passive treatment system and a copy shall be available on-site during operation;

II.D.4.b. System design and supporting documentation; and II.D.4.c. Proof that the Passive Treatment Plan and/or system was designed by an appropriate licensed professional (see Attachment G of this General Permit).

II.D.5. Dischargers who are proposing an alternate Risk Justification shall include:

II.D.5.a. Soil type identification through an accredited Materials Testing Laboratory analysis and reviewed by a QSD; and II.D.5.b. Review of a site-specific slope survey or plan by a QSD to determine the LS factor used in the revised Risk Level determination.

II.E. Certification of Submitted Documents The Legally Responsible Person shall certify and submit all Permit Registration Documents required by this General Permit through SMARTS. The discharger’s Legally Responsible Person shall have a signed original Electronic Authorization Form on file with the State Water Board for each organization in SMARTS.

II.F. Exceptions to Standard Permit Registration Document Requirements Construction sites with a valid Small Construction Rainfall Erosivity Wavier are not required to submit a SWPPP (including site-specific drawings and map).

II.G. Assistance Dischargers and discharger representatives may email the State Water Board, Stormwater Help Desk, at stormwater@waterboards.ca.gov, to answer questions.

mailto:stormwater@waterboards.ca.gov

ATTACHMENT E E-1

ATTACHMENT E

LINEAR UNDERGROUND AND OVERHEAD PROJECT REQUIREMENTS

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

GENERAL PERMIT FOR STORMWATER DISCHARGES

ASSOCIATED WITH CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES

(GENERAL PERMIT)

I. LINEAR UNDERGROUND AND OVERHEAD PROJECT BASELINE

REQUIREMENTS

Linear underground and overhead projects are identified as one of three types of risk (Type 1, 2, and 3) based on the project area or segment’s threat to water quality. Risk Types for linear projects are determined through SMARTS and clarified in Attachment E.1 of this General Permit when obtaining permit coverage. Risk Type 1, 2, and 3 dischargers shall implement the following minimum best management practices to reduce or prevent pollutants in construction stormwater discharges, and comply with monitoring and reporting requirements. If a requirement in this Attachment does not specify a specific Risk Type, then the requirement applies to Risk Type 1, 2, and 3 dischargers.

II. MINIMUM BEST MANAGEMENT PRACTICES

II.A. Good Site Management "Housekeeping" II.A.1. Dischargers shall implement good site management measures (i.e., "housekeeping") for construction materials on a linear project site that could potentially be a threat to water quality if discharged or exposed to stormwater. At a minimum, dischargers shall implement the following good housekeeping measures:

a. Identify and protect the products used and/or expected to be used, and the end products that are produced and/or expected to be produced from exposure to stormwater. This requirement does not apply to materials and equipment that are designed to be outdoors and exposed to environmental conditions (e.g., poles, equipment pads, cabinets, conductors, insulators, bricks);

b. Apply best management practices (BMPs) to erodible stockpiled construction materials (e.g., soil, spoils, fly-ash, stucco, hydrated lime) to prevent erosion and pollutant transport;

c. Store chemicals in watertight containers with secondary containment to prevent any spillage or leakage or store in a complete enclosed storage area;

d. Minimize exposure of construction materials to precipitation. This requirement does not include materials and equipment that are designed to

ATTACHMENT E E-2

be outdoors and exposed to environmental conditions (e.g., poles, equipment pads, cabinets, conductors, insulators, bricks);

e. Implement BMPs to control the off-site tracking of sediment and loose construction and landscape materials; and

f. Implement BMPs to control the discharge of plastic materials and limit the use of plastic materials when more sustainable, environmentally friendly alternatives exist. Dischargers shall consider the use of plastic materials resistant to solar degradation where plastic materials are deemed necessary.

II.A.2. Dischargers shall implement good housekeeping measures for waste management, which, at a minimum to the extent feasible, shall consist of the following:

a. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, masonry wash waters, and other wash waters. Wash waters shall be captured and treated prior to discharge or disposed of at a permitted facility that can accept that waste, to mitigate impacts to water quality;

b. Provide containment (e.g., secondary containment) of sanitation facilities (e.g., portable toilets) to prevent discharges of pollutants to the stormwater drainage system or receiving water;

c. Clean or replace sanitation facilities and inspecting them regularly for leaks and spills;

d. Keep debris or trash in waste containers if it is subject to transport from the site by wind or runoff;

e. Cover waste disposal containers at the end of every business day and during a precipitation event;

f. Prevent discharges from waste disposal containers to the stormwater drainage system or receiving water (e.g., containers with solid bottoms and regular maintenance);

g. Contain and securely protect stockpiled waste material from wind and precipitation unless actively being used; and

h. Secure and contain concrete washout areas and other washout areas that may contain additional pollutants to minimize discharge into the underlying soil and onto the surrounding areas. Washout areas shall be covered prior to and during a precipitation event.

II.A.3. Dischargers shall implement good housekeeping for vehicle/equipment storage and maintenance, which shall consist of the following:

a. Contain fuel, grease, and oil to prevent them from leaking into the ground, storm drains, or surface waters;

ATTACHMENT E E-3

b. Place all equipment or vehicles, which are to be fueled, maintained, and stored in a designated area with BMPs installed; and

c. Clean leaks immediately and dispose of leaked materials properly in accordance with the law.

II.A.4. Dischargers shall implement good housekeeping for landscape materials, which, at a minimum, shall consist of the following:

a. Contain and protect stockpiled materials such as mulches and topsoil, or other erodible landscape materials, from wind and precipitations unless being actively used;

b. Contain packaged landscape materials (e.g., fertilizers) when they are not being actively used;

c. Discontinue the application of any erodible landscape material at least 2 days before a forecasted precipitation event as defined in Attachment B or during periods of precipitation; and

d. Apply erodible landscape material at quantities and rates according to manufacturer recommendations or based on written specifications by knowledgeable and experienced field personnel.

II.A.5. Dischargers shall implement good housekeeping measures on the linear construction site, and of site operations, to control aerial deposition of site materials. Such particulates can include, but are not limited to, metals, nutrients, organics, sediment, other particulates, and trash.

II.A.6. Dischargers shall document all housekeeping BMPs in the Stormwater Pollution Prevention Plan (SWPPP) that correspond to the nature and phase of the construction activities.

II.B. Non-Stormwater Management II.B.1. Dischargers shall implement the following measures to control all non-stormwater discharges during construction, to the extent feasible:

a. Wash vehicles in such a manner as to prevent non-stormwater discharges to surface waters or municipal separate storm sewer system drainage systems;

b. Clean streets in such a manner as to prevent unauthorized non-stormwater discharges from reaching surface water or municipal separate storm sewer system drainage systems; and

c. Eliminate any non-stormwater discharges that are not specified in Section IV.A of this General Permit’s Order, Authorized Non-Stormwater Discharges.

ATTACHMENT E E-4

II.C. Preserve Existing Topsoil II.C.1. Dischargers shall preserve existing topsoil, unless infeasible, through the following practices:

a. Stockpiling existing topsoil, or transferring topsoil to other locations, to deploy and reestablish vegetation prior to termination of coverage; and

b. Stabilizing disturbed topsoil during construction.

II.C.2. Preserving existing topsoil is not required where the intended function of a specific area of the site dictates that the topsoil be disturbed or removed.1

II.D. Erosion Control II.D.1. Dischargers shall implement the following practices to eliminate or minimize site erosion. Erosion control BMPs (with the exception of sprayed products) shall be available on-site, or at a nearby location (e.g., common lay-down yard), year-round with trained persons able to deploy the product under the direction of the Qualified SWPPP Practitioner:

a. Implement effective wind erosion controls;

b. Preserve existing vegetation;

c. Minimize the amount of soil exposed during construction activity;

d. Minimize the disturbance of steep slopes;

e. Schedule earthwork to minimize the amount of disturbed area when feasible;

f. Immediately initiate stabilization for disturbed areas whenever earth disturbing has permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days;2

g. Minimize soil compaction in areas other than where the intended function of a specific area dictates that it be compacted;

h. Reestablish vegetation or non-vegetative erosion controls as soon as practicable;

1 Examples may include the removal of topsoil containing invasive seedbanks, lack of space to stockpile topsoil, and sites that are designed to be highly impervious after construction with little to no vegetation intended to remain.

2 In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures shall be employed as specified by the Regional Water Board. Stabilization shall be completed within a period of time determined by the Regional Water Board. In limited circumstances stabilization may not be required if the intended function of a specific area of the site necessitates that it remains disturbed.

ATTACHMENT E E-5

i. If feasible, divert up gradient run-on water from contacting areas of exposed soils disturbed by construction activities or convey run-on through the site in a manner that prevents erosion from areas of construction and does not compromise the effectiveness of erosion, sediment, and perimeter controls;

j. Run-on water flowing onto a site from off-site areas may be separated from a site’s stormwater discharge to eliminate commingled contribution. Run-on diversion shall occur prior to entering an area affected by construction activity. Run-on flow diversion shall be conveyed through or around the construction activity in plastic pipe or an engineered conveyance channel in a manner that will not cause erosion due to flow diversion. Run-on combined with a site’s stormwater discharge is considered a stormwater discharge;

k. Limit the use of plastic materials when more sustainable, environmentally-friendly alternatives exist. Where plastic materials are deemed necessary, the discharger shall consider the use of plastic materials resistant to solar degradation;

l. Control stormwater and non-stormwater discharges to minimize downstream channel and bank erosion; and

m. Control peak flowrates and total volume of stormwater and authorized non-stormwater discharges to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points.

II.D.2. Dischargers that stabilize soil using bonded-fiber matrices, hydromulches, spray tackifiers, or other land-applied products shall:

a. Apply the product according to the manufacturer’s instructions and guidance; and

b. Apply the product according to the manufacturer’s guidance to allow for ample cure time and to prevent treatment chemicals from being transported by runoff.

II.E. Sediment Controls II.E.1. Dischargers shall implement the following site sediment controls:

a. Establish and maintain effective perimeter controls;

b. Stabilize all construction entrances and exits to sufficiently control erosion and sediment discharges from the site;

c. Design, install, and maintain effective sediment controls to minimize the discharge of pollutants utilizing site-specific BMPs; and

d. Design sediment basins and impoundments according to the California

Stormwater Quality Association’s (CASQA) current Construction BMP

ATTACHMENT E E-6

Guidance Handbook3 and utilize outlet structures that withdraw water from the surface, unless infeasible. Linear project dischargers utilizing sediment basins shall complete installation prior to other land disturbance activities unless infeasible.

II.F. Additional Linear Underground and Overhead Project Type 2 and 3 Requirements

II.F.1. At Risk Type 2 and 3 sites, dischargers shall implement the following additional erosion and sediment control BMPs for areas under active construction:4

a. Design and construct cut and fill slopes in a manner to ensure slope stability and to minimize erosion including, but not limited to, these practices:

i. Reduce continuous slope-length using terracing and diversions;

ii. Reduce slope steepness; and

iii. Roughen slope surfaces with large cobble or track walking.

b. Install linear sediment controls along the toe of the slope, face of the slope, and at the grade breaks of exposed slopes according to sheet flow lengths as shown in Table 1 until slope has reached Notice of Termination conditions for erosion protection. When infeasible to comply with Table 1 due to site-specific geology or topography, the Qualified SWPPP Developer shall include in the SWPPP a justification for the use of an alternative method to protect slopes from erosion and sediment loss.

Table 1 - Critical Slope and Sheet Flow Length Combinations for Linear Sediment Reduction Barrier

Slope Ratio (Vertical to Horizontal) Sheet flow length not to exceed

≤ 1:20 Per Qualified SWPPP Developer’s specification.

> 1:20 to ≤ 1:4 35 feet > 1:4 to ≤ 1:3 20 feet > 1:3 to ≤ 1:2 15 feet

> 1:2 10 feet

3 California Stormwater Quality Association (CASQA), Construction BMP Handbook (January 2015), <https://www.casqa.org/sites/default/files/casqa-handbook-construction/master_hanbook_file_2015_sec.pdf> [as of May 20, 2021] (CASQA Construction BMP Handbook)

4 Active areas of construction are areas undergoing land surface disturbance and associated site areas included in the SWPPP. This includes construction activity during the preliminary phase, mass grading phase, streets and utilities phase, and the vertical construction phase.

https://www.casqa.org/sites/default/files/casqa-handbook-construction/master_hanbook_file_2015_sec.pdf

ATTACHMENT E E-7

II.F.2. Risk Type 2 and 3 dischargers shall limit construction activity traffic to and from the project to entrances and exits that employ effective controls to prevent off-site tracking of sediment.

II.F.3. Risk Type 2 and 3 dischargers shall maintain and protect all storm drain inlets, perimeter controls, and BMPs at entrances and exits (e.g., tire wash off locations).

II.F.4. Risk Type 2 and 3 dischargers shall remove any excess sediment or other construction activity-related materials that are deposited on the impervious roads by vacuuming or sweeping prior to any precipitation event.

II.F.5. Risk Type 2 and 3 dischargers shall implement additional site-specific sediment controls upon written request by the Regional Water Boards when the implementation of the other requirements in this Section are determined to inadequately protect the site’s receiving water(s).

II.G. Surface Water Buffer5

II.G.1. Linear project dischargers shall provide and maintain natural buffers and/or equivalent erosion and sediment controls when a water of the United States is located within 50 feet of the site’s earth disturbances, unless infeasible.

II.G.2. Linear project dischargers shall comply with one of the following alternatives for any discharges to waters of the United States located within 50 feet of a site’s earth disturbances:

a. Provide and maintain a 50-foot undisturbed natural buffer, from the edge of the disturbed area to the top of bank;

b. Provide and maintain an undisturbed natural buffer that is less than 50 feet and is supplemented by erosion and sediment controls that achieve, in combination, the…