MT_CompiledSWPPP_Final.pdf

Stormwater Pollution Prevention Plan

SWPPP

For:

Federal Highway Administration Western Federal Lands Highway Division

Table of Contents

SWPPP TABS

TAB 1: SWPPP Narrative

TAB 2: MPDES Permit (MT Construction General Permit)

TAB 3: NOI, MT DEQ Acknowledgement, Other Applicable Correspondence

TAB 4: Delegation of Authority

TAB 5: Site Maps (Indicate Wetlands, Waters, other Waterbodies)

TAB 6: Erosion/Sediment Control Plan Sheets (Plan Set and BMP Typical Details)

TAB 7: Revegetation Plan (if applicable)

TAB 8: SWPPP Amendment Log

TAB 9: Inspection Reports

TAB 10: Corrective Action Log

TAB 11: Water Quality Monitoring, Reporting Requirements, and Reports

TAB 12: Training Certificates and SWPPP Training Log

TAB 13: Government-Selected Waste, Borrow, Staging Sites (Indicate BMPs at Each Site)

TAB 14: Grading and Stabilization Log

TAB 15: Hazardous Spill Plan or Spill Prevention, Control, and Countermeasures (SPCC)

TAB 16: Quality Assurance Checklist

TAB 17: MPDES Notice of Termination (NOT)

Tab 1 - SWPPP Narrative

Revise and update as needed per SCR 107 and SCR 157

Form SWPPP Page 1 of 10

AGENCY USE ONLY

PERMIT NO.: Date Rec’d.: Amount Rec’d.: Check No.: Rec’d By:

WATER PROTECTION BUREAU

FORM

SWPPP

Storm Water Pollution Prevention Plan (SWPPP) Form Storm Water Discharge Associated With Construction Activity

MTR100000

READ THIS BEFORE COMPLETING FORM: The Form SWPPP is intended to assist operators in developing a SWPPP which complies with Part 3 of the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). It is the permittee’s responsibility to ensure all required items in the General Permit are adequately addressed and that the SWPPP is developed, implemented, and maintained.

Additional information may be needed to supplement the Form SWPPP. For additional information, please call:

(406) 444-3080 or visit: http://deq.mt.gov/wqinfo/mpdes/stormwaterconstruction.mcpx Section A - SWPPP Status: (Check one)

New No prior SWPPP submitted for this site.

Modificatio Permit Number: MTR10 __ __ __ __ (Please specify these four numbers) Section B - Facility or Site Information:

Site Name ________________________________________________________________________________

Site Location

Nearest City or Town County Section C - Applicant (Owner/Operator) Information:

Owner or Operator Name

Mailing Address

City, State, and Zip Code

Phone Number Section D SWPPP Preparer and SWPPP Administrator SWPPP Preparer:

Name or Position Title Mailing Address City, State, and Zip Code Phone Number _____________________ Email Training Course _________________________________ Date Completed____________________________

LAKE McDONALD UTILITY RELOCATION; MT PRA GLAC 10(44)

Lake McDonald Lodge, Going to the Sun Road, Sprague Creek Campground, Apgar Village

West Glacier Flathead

Federal Highway Administration, Western Federal Lands Highway Division

610 East Fifth Street

Vancouver, WA, 98661

360-619-7700

Steve Morrow , Environmental Protection Specialist, Western Federal Lands Highway Division 610 East Fifth Street

(360) 619-7811 Vancouver, WA, 98661

Stormwater One Qualified SWPPP Preparer stephen.morrow@dot.gov

8/30/2019

Form SWPPP Page 2 of 10

SWPPP Administrator: Same as above Name or Position Title Mailing Address City, State, and Zip Code Phone Number _____________________ Email Training Course _________________________________ Date Completed____________________________

Section E – Site Description (

1. Describe the nature of the construction activity and what is being constructed.

2. Describe all support activities and associated storm water discharges dedicated to the construction activity including but not limited to: material borrow areas, material fill areas, concrete or asphalt batch plants, equipment staging areas, access roads/corridors, material storage areas, and material crushing/recycling /processing areas.

3. Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo construction-related disturbance (including all construction-related support activities).

Total Site Area (acres): ____________ Area of Construction-Related Disturbance (acres): ____________

4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including cut/fill material to be used.

SWPPP Administrator:

Name or Position Title Mailing Address City, State, and Zip Code Phone Number _____________________ Email Training Course _________________________________ Date Completed____________________________

The proposed project consists of constructing a new 8” diameter sanitary sewer force main with associated manholes, vaults and valves between the Lake McDonald Lodge Lift Station and the Apgar Lift Station. A new sanitary sewer lift station will be built at the Lake McDonald Lodge and modifications will be made to the existing sanitary sewer lift station at the Sprague Creek Campground. New buried sanitary sewer lines will be installed along the Lake McDonald Loop Road between the new lift station and the Going to the Sun Road (GTSR), along the GTSR, and along the Apgar Loop Road between the GTSR and the Apgar Lift Station. In addition, the project will install new 4” diameter conduits for power and communications lines along the roadway.

Conventional trenching (“open dig”) and directional boring will be used to install the new sanitary sewer lines and utility conduits. Trenching will require removal and replacement of roadside material, gravel surfacing, and some areas of existing pavement. The minimum bury depth is 3 feet for the new conduits and 4 feet for the new sewer lines. Construction is anticipated to be completed in the off season when the sewer system is not in use.

To be determined by contractor

12.8 12.8

105B Sunroad-Cosely-Typic Hapludands family, complex, 0 to 4% slopes 325F Garlet-Kegsprings-Muddycreek families, complex, 35 to 60 slopes K factor (Whole Soil): Sunroad – 0.20 to 0.32; Cosley/Typic – 0.02 to 0.37 K factor (Whole Soil): Garlet – 0.05; Kegsprings – 0.05 to 0.10; Muddycreek – 0.05 to 0.15 Hydrologic soil group: B Hydrologic soil group: B T factor: Sunroad – 5; Cosley – 2; Typic - 3 T factor: Garlet – 5; Kegsprings – 5; Muddycreek – 3

110D Jurvannah, frequently flooded-Broad Canyon, very stony families, complex, 4 to 15% slopes 254E Pasturecreek-Elkridge-Typic Hapludands families, complex, 8 to 35% slopes K factor (Whole Soil) : Jurvannah - 0.02 to 0.05; Broad canyon – 0.24 to 0.28 K factor (Whole Soil): Pasturecreek -0.05 to 0.20; Elkridge – 0.10 to 0.17; Typic – 0.02 to 0.37 Hydrologic soil group: A/D Hydrologic soil group: B T factor: 5 T factor: Pasturecreek – 2; Elkridge – 5; Typic – 3

130D Pasturecreek family, gravelly ashy loam, 4 to 15% slopes K factor (Whole Soil): 0.05 to 0.20 Hydrologic soil group: B T factor: 2

213B Typic Cryaquents family, occasionally flooded-Poia, occasionally ponded-Pippin family, stony complex, 0 to 4% slopes K factor (Whole Soil): Typic-0.05 to 0.10; Poia – 0.15 to 0.32; Pippin – 0.02 to 0.15 Hydrologic soil group: B/D T factor: Typic – 3; Poia – 5; Pippin – 2

300D Pasturecreek, bouldery-Rollins-Elkridge families, complex, 2 to 15 percent slopes K factor (Whole Soil): Pasturecreek -0.05 to 0.20; Rollins – 0.02 to 0.10; Elkridge – 0.10 to 0.17 Hydrologic soil group: B T factor: Pasturecreek – 2; Rollins – 3; Elkridge – 5

Form SWPPP Page 3 of 10

6. For a storm water discharge associated with construction activity with construction-related disturbance of five acres or more of total land area (based on the acreage provided in item E.3 above):

a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and describe what supporting information this determination is based upon:

Runoff coefficient before construction: ____________ Runoff coefficient after construction: ____________ Supporting Information Source:

b. Provide an estimate of the increase in impervious area after the construction activity is completed:

________ Percent.

Outfall Number

Receiving Surface Water Drainage Area Associated with

Type of Discharge

Latitude and Longitude of Outfall

Discharge to Municipal Storm

5. Provide a brief description of the existing vegetation at the site and an estimate of the percent density of vegetative ground cover.

Specify Percent Density of Existing Vegetation: _________________

Vegetation along the GTSR and in the Apgar area is primarily associated with the Rocky Mountain Mesic Montane Mixed Conifer Forest and Rocky Mountain Dry-Mesic Mixed Conifer Forest systems. These forest systems are characterized by lodgepole pine (Pinus contorta), western hemlock (Tsuga heterophylla), Engelmann spruce (Picea engelmannii), white spruce (Picea glauca), western red cedar (Thuja plicata), larch (Larix occidentalis), black cottonwood (Populus balsamifera), riparian, and meadow species. The understory is comprised of a mixture of shrubs, herbaceous plants, and grasses tolerant of warmer and drier soil conditions. Slopes immediately adjacent to the roadway are typically grass covered with isolated rock outcrops and areas of shrubs and deciduous and conifers encroaching on the roadway.

90% cover

0.37 0.37

Table 30. Runoff Coefficients for Rational Formula, Hydrology, Federal Highway Administration, Hydraulic Engineering Circular No. 19, FHWA-IP-84-15, October 1984, Revised August 1985.

Jackson Creek – Perennial T 0.4 Sq Mi 48.61221, -113.88225

Sprague Creek – Perennial T 6.2 Sq Mi 48.60786, -113.88425

Unnamed intermittent tributar <0.1 Sq Mi 48.58713, -113.89723

Unnamed intermittent tributar 0.1 Sq Mi 48.58498, -113.89906

Unnamed intermittent tributar 0.3 Sq Mi 48.58225, -113.90197

Unnamed intermittent tributar 0.1Sq Mi 48.56776, -113.92033

Unnamed intermittent tributar 0.5 Sq Mi 48.56019, -113.93719

Unnamed intermittent tributar 1.9 Sq Mi 48.55430, -113.94225

Unnamed intermittent tributar 0.8 Sq Mi 48.54579, -113.95672

SEE ATTACHMENT

Lake McDonald, Jackson Creek, and Sprague Creek are not considered to be impaired surface waters.

Form SWPPP Page 4 of 10

Section – Identification and Summary of Potential Pollutant Sources (Part 3.4) Select the pollutants expected to be present on the construction project:

Additional Pollutants List any additional pollutants likely to be present at the construction project.

Non-Storm Water Discharges Select the types of allowable non-storm water discharges likely to be present at the construction project.

Type of Allowable Non-Storm Water Discharge Present at Construction Project Irrigation Drainage Landscape Watering Pavement Wash Waters Routine Building Wash Down Uncontaminated spring or ground water Water used for dust control Emergency fire-fighting activities Foundation or footing drains Incidental windblown mist from cooling towers Uncontaminated condensate from air conditioners, coolers, or other compressors Other Explain ___________________________

Soils Areas of Shallow Grade Areas of Steep Grade Slopes Ditch Stockpiles Contaminated Soils Import and Export Operations Entrance / Exit Locations Other Explain_______________________

Materials Loading and Unloading Operations Storage of building materials Storage of chemicals Portable Toilets Concrete Batch Plant Asphalt Batch Plant Worker Trash Demolition Materials / Debris Other Explain ____________________

Activities Concrete Truck Washout Masonry - Stone / Brick / Concrete Spray / Wand Applications Finish Work – Dry wall / Painting Equipment Washing Washing of Buildings Maintenance of Equipment Refueling Operations Application of herbicides, pesticides, fertilizers Application of solvents or detergents Construction Dewatering Other Explain_____________________

None

Form SWPPP Page 5 of 10

Section – Selection of Best Management Practices (BMPs) (Part 3.5) Select the BMPs to be used during the construction project. All selected BMPs are required to have a specification provided in the SWPPP. The specifications do not have to be submitted to DEQ. The specifications are required to be maintained by the SWPPP Administrator(s) and provided to DEQ, EPA, or other local permitting authority upon request.

Additional BMPs List any additional BMPs likely to be used at the construction project.

Erosion Control BMPs Surface Roughening Diversion Ditches Velocity Checks / Check Dams Preservation of Existing

Vegetation Minimizing Ground Disturbance Mulch – Straw / Compost Tackifiers / Soil Binders Temporary Seeding Erosion Control Blankets Rough Cut Street Controls / Water

Bars Channel Liner Stream Crossing Terracing Culvert Outfall / Outlet Protection (Rip

Rap) Other ______________________

Run On / Runoff Control BMPs Temporary Slope Drain Rock Run Down Clean Water Diversion Drainage Swales Other ______________________

Sediment Control BMPs Silt Fence Straw Wattles Rock Wattles / Rock Socks Curb Socks Straw Bales Earthen Berms Vegetative Buffers Drainage Ditch / Ditch Berm Gravel Pack Tarps, Plastic, Visqueen Compost Socks Brush Barrier Sandbag Barrier Inlet Protection Vehicle Tracking Control Pad Stabilized Vehicle Entrance Stabilized Parking Area Stabilized Construction Roadway Street Sweeping Sediment Trap Sediment Basin Other ________________________

Administrative Controls Concrete and Liquid Waste Washouts Worker Toilets Construction Fencing Dust Control Secondary Containment Dumpsters / Waste Receptacles Stabilized Staging Area Material Storage and Stockpile Area Paving and Painting Controls Saw Cutting and Grinding Controls Spill Prevention and Response

Procedures Traffic Control Back Charging / Penalties Other __________________________

Post Construction BMPs Detention Pond(s) Retention Pond(s) Drainage Swales Infiltration System(s) Dry Well(s) Other __________________________

■ See below

Filter bags, silt fence enclosures, or other BMP to treat dewatering discharge.

Form SWPPP Page 6 of 10

Local Erosion and Sediment Controls Describe applicable local erosion and sediment control requirements.

Dewatering Activities (Part 3.6) Describe dewatering activities associated with the construction project. Identify the BMPs to be used to control dewatering activities and prevent discharges to state waters. If a separate authorization is obtained under the Construction Dewatering General Permit, include the dewatering plan with the SWPPP.

The National Park Service (NPS) Wetland Protection Guidelines, Directors Order #77, stipulates appropriate erosion and siltation controls must be maintained during construction, and all exposed soil or fill material must be permanently stabilized at the earliest practicable date.

During trenching and installation of underground utilities, groundwater may be encountered

• Use a filter bag, silt fence enclosure, or other BMP to treat dewatering discharges. Any dewatering discharge would be treated before discharge to uplands.

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Form SWPPP Page 8 of 10

Major Construction Activity Schedule List the major construction activities identified in the table above and provide an estimated timeframe for each major construction activity. For each major construction activity, identify all construction activities that will occur during the proposed major construction activity.

Section – Final Stabilization (Part 3.8) Identify the BMPs that will be used to achieve final stabilization. Information to be included is seed mix selection and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs.

Section – Post-Construction Storm Water Management (Part 3.9) Identify BMPs that will be used to control storm water discharges that will occur after the major construction activities are complete. Include a description of applicable local requirements.

Install Sewer Force Main/Utility Conduits Timeframe: October 1 through March 15 Associated Activities: Construct new 8” diameter sanitary sewer force main with associated manholes, vaults and valves between the Lake McDonald Lodge Lift Station and the Apgar Lift Station. Install sewer line and utility conduits using open dig trenching and directional drilling. Install granular bedding material. Backfill and compact trench, grade and stabilize surface of excavated trench area. Seed, fertilize and mulch areas disturbed by trenching.

Pavement Replacement/Surface Restoration Timeframe: April 1 through June 30 Associated Activities: Repair paved, concrete, or gravel surfaced areas disturbed by trenching and other construction activities. Seed, fertilize and mulch areas disturbed by lift station construction.

Construct Lake McDonald Lodge and Sprague Creek Lift Stations Timeframe: October 1 through March 15 Associated Activities: Lift station demolition, excavation and foundation work, build/modify structures,install mechanical and electrical components, and lift station testing and startup.

Pull New Power and Communications Lines (After Project Completion by Others?)

Timeframe: December 1 through March 15 Associated Activities: Private utility companies pull power and communications cables through conduits and activate systems.

Disturbed areas which are not paved, concrete, or gravel surfaced will be seeded, fertilized and mulched. Exposed soils will be seeded with suitable native plants as soon as practicable to facilitate rapid vegetative recovery of disturbed areas and prevent invasion by noxious weeds.

None

Form SWPPP Page 9 of 10

Section – Site Map (Part 3.10) Develop and attach the required SWPPP site maps and plans with the SWPPP. The site maps or plans must clearly indicate all the required information in Part 3. of the General Permit. This means SWPPP site maps must be of sufficient size, scale, and legibility.

Section – Inspection and BMP Maintenance Procedures (Part 3.11) Select the inspection schedule for the construction project:

Once every 7 calendar days Once every 14 calendar days, and a post-storm event inspection within 24 hours of the end of a rainfall event of 0.25 inches or greater, and/or within 24 hours of runoff from snowmelt

Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control, and other BMPs in good and effective operating condition. Identify how changes to the SWPPP will occur per Part

3.12 of the General Permit. If post construction BMPs will be used during major construction activities, include a maintenance plan that will transition the BMP from active construction to post construction.

Section – Water Quality Controls for Discharges to Impaired Water bodies (Part )

West Glacier, MT; Station ID 248809

Other schedule as allowed by MPDES Permit.

Inspection frequency may be reduced to at least once every month if:

• The entire site is temporarily stabilized,

• Runoff is unlikely due to winter conditions (e.g., site is covered with snow, ice, or the ground is frozen), or

• Construction is occurring during seasonal arid periods in arid areas and semi-arid areas

Not Applicable - Lake McDonald, Jackson Creek, and Sprague Creek are not impaired waterbodies.

Form SWPPP Page 10 of 10

Section O - CERTIFICATION Permittee Information: This SWPPP must be completed, signed, and certified as follows:

For a corporation, by a principal officer of at least the level of vice president;

For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official.

Alternatively, this SWPPP may be signed by a duly authorized representative of the person above. A person is a duly authorized representative only if:

The authorization is made in writing by a person described above;

The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (a duly authorized representative may thus be either a named individual or any individual occupying a named position);

The written authorization is submitted to the department.

All Permittees Must Complete the Following Certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5-

633, MCA]

A. Name (Type or Print)

B. Title (Type or Print) C. Phone No.

D. Signature E. Date Signed

The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form and the applicable fee to:

Department of Environmental Quality Water Protection Bureau

PO Box 200901 Helena, MT 59620-0901

(406) 444-3080

Section – Miscellaneous Information Use this space to identify miscellaneous information that is to be included in the SWPPP.

Scott Smithline

Environmental Manager 360-619-7700

8/14/20SCOTT RUSSELL SMITHLINE Digitally signed by SCOTT RUSSELL SMITHLINE Date: 2020.09.14 18:13:26 -07'00' f:\ hi gh w ay s\ fh w a\

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Tab 2 - MPDES Permit (MT Construction General Permit)

.GENERAL PERMIT

FOR

STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY

PERMIT NUMBER MTRl00000

MONT ANA DEPARTMENT OF ENVIRONMENT AL QUALITY

AUTHORIZATION TO DISCHARGE UNDER

THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM (MPDES)

In compliance with Section 75-5-101 et seq., Montana Code Annotated (MCA); Administrative Rules of Montana (ARM) 17.30.1101; 17.30.1301 et seq.; and ARM 17.30.601 et seq., owners and operators (permittees) with authorization under this General Perinitfor Storm Water Discharges

Associated with Construction Activity are permitted to discharge storm water resulting from construction activities as described in Section I.I of this Permit and subject to effluent limitations, monitoring requirements, and other conditions set forth herein.

This Permit shall become effective January 1, 2018.

This Permit and the authorization to discharge shall expire at midnight, December 31, 2022.

Issuance Date: Tuly 18, 20/7

FOR THE MONTANA DEPARTMENT

OF ENVIRONMENTAL QUALITY

Contents

Page 2 of32 Permit No.: MTRl 00000

1. Coverage Under This Permit

1.1. Eligibility

1.1.1. Construction Activities Covered

1.1.2. Allowable Storm Water Discharges

1.1.3. Allowable Non-Storm Water Discharges

1.1.4. Limitations on Coverage

1.2. Authorization under this Permit

1.2.1. New Authorizations (Not Previously Authorized) ............. .... .... ................... ....... ......... :

1.2.2. Continuing Authorizations Under the 2013 General Permit

1.2.3. Public Sign or Other Notice Requirement (Effective January 1, 2021)

1.2.4. Modification to NOI-SWCs

1.3. Transfer of Coverage under this Permit

1.4. Termination of Coverage under This Permit

1.5. Storm Water Rainfall Erosivity Waiver Form

2. Effluent Limitations, Monitoring, and Reporting Requirements

2.1. Technology-Based Effluent Limitations

2.1.1. Erosion and Sediment Controls

2.1.2. Soil Stabilization

2.1.3. Dewatering

2.1 .4. Pollution Prevention Measures

2.1 .5. SurfaceOutlets

2.1.6. Prohibited Discharges

2.2. Water Quality-Based Effluent Limitations

2.2.1. Water Quality Standards

2.2.2. Storm Water Discharges to Impaired Waterbodies

2.3. Inspections

2.3 .1. Person(s) Responsible for Conducting and Documenting Inspections

2.3 .2. Frequency of.Inspections

2.3.3. Weekly Routine Inspections

2.3.4. Biweekly Routine and Post-Storm Event Inspections

2.3.5. Reductions in Inspection Frequency

2.3.6. Severe Winter Conditions Delay

2.3.7. Inspection Requirements

2.3.8. BMP Maintenance, Replacement, and Failures

2.4. Corrective Actions

2.5. Recordkeeping ...... .-

2.6. Reporting

2.6.1. Notification of Primary SWPPP Administrator Changes

2.6.2. Noncompliance Reporting

3. Storm Water Pollution Prevention Plan (SWPPP)

3.1 . SWPPP-General Requirements

3.2. SWPPP Preparer and Administrator

3.2.1. SWPPP Preparer (Effective January 1, 2019)

3.2.2. SWPPP Administrator

3 .2.3. SWPPP Preparer and Administrator - Minimum Requirements

3 .3. Site Description

3.4. Identification of Potential Pollutant Sources

3.5. Selection of Best Management Practices (BMPs)

3.6. Dewatering

Page 3 of32 Permit No.: MTRl00000

3.7. Major Construction Activity and BMP Phasing

3.8. Final Stabilization

3.9. Post-Construction Storm Water Management

3.10. SiteMap

3 .11 . Inspection and BMP Maintenance Procedures

3.12. SWPPP Revisions and Updates

3 .12.1. Conditions that trigger revisions and updates are outlined below:

3.12.2. Revision and Update Options

4. Standard Conditions

4.1. Duty to Comply

4.2. Penalties for Violations of Permit Conditions ............................................. ,

4.3 . Duty to Reapply

4.4. Need to Halt or Reduce Activity not a Defense

4.5 Duty to Mitigate

4.6. Proper Operation and Maintenance

4.7. Permit Actions

4.8. Property Rights

4.9. Duty to Provide Information

4.10. Inspection and Entry

4.11. Availability of Reports

4.12. Reporting Requirements- Monitoring and Monitoring Reports

4.13. Monitoring and Records- Representative Sampling

4.14. Monitoring and Records- Retention ofRecords

4:15. Monitoring and Records- Records Content

4.16. Monitoring and Records- Test Procedures

4.17. Monitoring and Records-Penalties for Falsification of Reports and Tampering

4.18. Signatory Requirements

4.19. Reporting Requirements - Planned Changes

4.20. Reporting Requirements- Anticipated Noncompliance

4.21. Reporting Requirements- Transfers

4.22. Reporting Requirements- Compliance Schedules

4.23. Reporting Requirements- Twenty-four Hour Reporting

4.24. Reporting Requirements- Other Noncompliance

4.25. Reporting Requirements- Other Information

4.26. Bypass

4.27. Upset Conditions

4.28. Fees

4.29. Removed Substances

4.30. Oil and Hazardous Substance Liability

4.31 . Severability

4.32. Reopener Provisions

4.33. Toxic Pollutants

5. General Definitions and Abbreviations ......... ............... ........................... ................ .... ... .. ............................. 3 0

1. Coverage Under This Permit

1.1. Eligibility

1.1.1. Construction Activities Covered

Page 4 of32 Permit No.: MTRI 00000

This Permit applies to all areas of the State of Montana, except for lands within the external boundaries of Indian Reservations. This permit applies to "storm water discharge associated with construction activity," as defined in Part 5 of this permit.

A "storm water discharge associated with construction activity" regulated under this permit occurs when both of the following two criteria are met:

• There are areas of ground disturbance or other potential pollutant sources due to the construction activity where a storm water discharge to state surface waters can occur; and

• The construction activity disturbs through clearing, excavating, grading, or placement/removal of earth material a total area equal to or greater than one acre. The "total area" must include all areas which are part of a "larger common plan of development or sale", as defined in Part 5 of this permit.

Determination of the acreage of disturbance does not typically include disturbance for routine maintenance activities on existing roads where the line and grade or hydrologic capacity of the road is not being altered, nor does it include the paving of existing roads.

In determining the occurrence or potential occurrence of a "storm water discharge associated with construction activity" based on the acreage of ground disturbance and discharge potential to state surface waters, the permittee must consider the following additional factors:

• All potential drainage/discharge conditions and flow patterns, and their variation during the different phases of the construction activity;

• All potential rainfall or snowmelt events and their unpredictability over time (such as experiencing a relatively higher rainfall or snowmelt amount in a relatively shorter time period);

• Support activities for the construction project which may be on or off the conventional construction project "site" (as defined in Part 5 of this permit);

• Storm water discharges must typically be regulated beyond the conventional construction earthwork and building phases, lasting from the initiation of construction-related ground disturbance to "final stabilization" (as defined in Part 5 of this permit) of that disturbance, which can sometimes take significant extra time to achieve; and

• Storm water which discharges into a drain inlet and/or storm sewer system from the site is regulated as a discharge to state surface waters if the inlet or system ultimately discharges into a state surface water.

Support activities can include, but are not limited to, areas used for access-related work, earth material borrow areas, equipment staging areas, materials storage areas, temporary concrete or asphalt batch plants, and any areas used for fill placement. For storm water discharges from support activities to be covered under this permit for a particular construction activity permit authorization, such support activities must:

• Not be part of a larger commercial operation serving multiple unrelated construction activities, and not continue operation beyond the completion of the permittees construction activity; and

• Have appropriate controls and measures identified for the particular support activity, including required documentation, in the Storm Water Pollution Prevention Plan (SWPPP) required in Part 3 of this permit.

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1.1.2. Allowable Storm Water Discharges

Unless otherwise made ineligible through the provisions in Part 1.1 .4. below, the following discharges are eligible for coverage under this permit:

• Storm water discharges associated with construction activity as defined in Part 5 of this permit; and

• Storm water discharges to impaired waterbodies that are consistent with approved TMDLs and assigned WLAs, and the additional requirements within this permit.

1.1.3. Allowable Non-Storm Water Discharges

The following are non-storm water discharges allowed under this permit:

• Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;

• Irrigation drainage;

• Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling;

• Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed);

• Routine external building wash down that does not use detergents;

• Uncontaminated ground water or spring water;

• Water used to control dust;

• Discharges from emergency fire-fighting activities;

• Foundation or footing drains where flows are not contaminated with process materials; and

• Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g., "piped" cooling tower blowdown or drains).

1.1.4. Limitations on Coverage

The following discharges are not eligible for coverage under this permit:

• Storm water discharges that are mixed with non-storm water, other than those non-storm water discharges listed in Part 1.1.3 .;

• Prohibited discharges as listed in Part 2.1.6.;

• Discharges of construction dewatering effluent to state surface waters requiring authorization under the MPDES "General Permit for Construction Dewatering";

• Storm water discharges to impaired waterbodies that are inconsistent with approved TMDLs and assigned WLAs, and the additional requirements with this permit;

• Storm water discharges to waterbodies that are inconsistent with additional Department requirements, on a case-by-case basis; or

• Discharges which the Department determines have a reasonable potential to cause, or contribute to, an exceedance of any applicable water quality standard, and/or the Department has determined coverage under a MPDES Individual Permit is required.

Coverage does not relieve the permittee from any other statute, regulation, permits, or other regulatory requirements for activities occurring within the project area.

The Department may deny coverage for storm water discharges citing that the permittee appears unable to comply with the one or more of the following requirements:

• Effluent standards, effluent limitations, standards of performance for new sources of pollutants, toxic effluent standards and prohibitions, and pretreatment standards;

• Water quality standards established pursuant to 75-5-301, MCA;

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• Prohibition of discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste;

• Prohibition of any discharges to which the regional administrator has objected in writing;

• Prohibition of any discharge which is in conflict with a plan or amendment thereto approved pursuant to section 208(b) of the Act;

• Any additional requirements that the Department determines are necessary to carry out the provisions of 75-5-101, et seq., MCA; and

• A point source is a new source· or a new discharge and the discharge from its construction or operation will cause or contribute to a violation of water quality standards (ARM 17.30.1311(7)).

In addition, the Department may deny coverage for the following reasons:

• The storm water discharge is different in degree or nature from discharges reasonably expected from

. sources or activities within the category described in this MPDES General Permit (including pollutants from process wastewater streams). ·

• The MPDES permit authorization for the same operation has previously been denied or revoked.

• The discharge sought to be authorized under the 2017 General Permit is also included within an application or is subject to review under the Major Facility Siting Act, 75-20-101, et seq., MCA.

• The point source is, or will be, located in an area of unique ecological or recreational significance.

Such determination must be based upon considerations of Montana stream classifications adopted under 75-5-301, MCA, impacts on fishery resources, local conditions at proposed discharge sites, and designations of wilderness areas under 16 USC 1132 or of wild and scenic rivers under 16 USC 1274.

1.2. Authorization under this Permit

An "owner or operator" of a "storm water discharge associated with construction activity" is required to obtain authorization under an MPDES permit. "Owner or operator" means a person who owns, leases, operates, controls, or supervises a point source. All construction activities that disturb arid are part of a larger common plan of development or sale are subject to permit coverage.

In this permit, the "owner or operator" is also identified as the "permittee".

A Notice oflntent (NOi) process is used for an owner or operator to obtain authorization to discharge under this permit. Through the submittal of a NOi, the owner or operator acknowledges eligibility for coverage under this permit and agrees to comply with the effluent limits and conditions of this permit. Authorization is effective upon the date ofreceipt of the complete NOi Package by the Department. A copy of the completed NOi Package must be maintained for the permittee's records. The NOi Package, as outlined below, shall be completed and submitted to:

Montana Department of Environmental Quality Water Protection Bureau

P.O. Box 200901 Helena, MT 59620-0901

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1.2.1. New Authorizations (Not Previously Authorized)

Owners or operators can obtain first-time coverage under this permit by submitting a complete Notice of Intent (NOI-SWC) Package to the Department.

The NOI-SWC Package must consist of:

• A completed NOI-SWC form using the standard NOi form provided by the Department;

• A separate SWPPP, including all associated maps, diagrams, details, and plans, which has been completed in accordance with the requirements identified in Part 3 of this permit;

• A copy of the consultation letter from the Montana Sage Grouse Habitat Conservation Program (if applicable); and

• The appropriate "application fee" for the NOI-SWC.

1.2.2. Continuing Authorizations Under the 2013 General Permit Permittees requiring continued authorization beyond the December 31, 2017, expiration date, must submit a complete NOI-SWC package to the Department for coverage under the reissued 2018-2022 General Permit.

The NOI-SWC Package must consist of:

• A completed renewal NOI-SWC form using the standard NOI-SWC form provided by the Department;

• A separate SWPPP, including all associated maps, diagrams, details, and plans, which has been completed in accordance with the requirements identified in Part 3 of this permit;

• A copy of the consultation letter from the Montana Sage Grouse Habitat Conservation Program (if applicable); and ·

• The appropriate "application fee" for the NOI-SWC.

1.2.3. Public Sign or Other Notice Requirement (Effective January 1, 2021)

This requirement is effective January 1, 2021, in order to provide additional time for the regulated community to comply. The permittee must post a sign or other form of notice to publically display confirmation of coverage under this General Permit. The sign or other notice must be positioned in a safe, accessible location in close proximity to the regulated construction activities and visible from the nearest road. At a minimum the sign or other notice must include:

• Large, readable font;

• The MPDES authorization number or a copy of the confirmation letter;

• The statement "Request project information from Montana DEQ Water Protection Bureau at (406)

444-3080"; and

• The statement "File a report at: http://deq.mt.gov/DEOAdmin/ENF/Spill" .

1.2.4. Modification to NOI-SWCs

Modification requests to current authorizations (including decreased or increased disturbance area) submitted within six months of the date of the coverage under this Permit are processed with the corresponding fee . If the request is submitted six months after the date of coverage under this Permit, the modification will be processed with the corresponding new "application fee" for the NOI-SWC.

A permittee may not request to add additional construction-related disturbance area(s) unless the new additional construction-related disturbance is directly contiguous to and directly associated with the original site, except for support activities.

The NOI-SWC Package must consist of:

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• A completed NOI-SWC form using the standard NOI-SWC form provided by the Department with Modification checked in Section A;

• A separate SWPPP, including all associated maps, diagrams, details, plans, and records, updated in accordance with the requirements identified in Part 3 of this permit;

• A copy of the consultation letter from the Montana Sage Grouse Habitat Conservation Program (see below for applicability); and

• The appropriate "application fee".

Sage Grouse Consultation Requirements for Modifications to NOis- If the project is within designated sage grouse habitat, any modification due to a change in disturbed acreage requires verification from the Montana Sage Grouse Habitat Conservation Program that may require a consultation letter and/or updates to a consultation letter. If the modification request is outside of sage grouse habitat, no consultation is required.

See NOI-SWC form and attached instructions.

1.2.5. Resubmittal and Administrative Processing

The Department may request a resubmittal of a NOI-SWC, SWPPP, any required records, and any associated fees. Administrative processing fees may be assessed for Department reviews.

1.3. Tran sf er of Coverage under this Permit

The Department has a Permit Transfer Notification form (PTN-SWC). Permittees must use the PTN-SWC to transfer ownership or change the name of the entity that holds an authorization under this permit with the corresponding fee. The PTN-SWC must be submitted at least 30 days before the effective date of the proposed transfer and constitutes written notice to the Department under the Montana Water Quality Act that the new "owner or operator" assumes responsibility and liability for all the terms and conditions, including permit fees. This PTN-SWC form may not be used to transfer coverage to a new or different construction site, activity or location. Until the Department determines the submitted PTN-SWC form and the transfer to the new "owner or operator" is complete, the "owner or operator" of record remains responsible for compliance with the terms of the authorization under this Permit, including fees and/or violations.

1.4. Termination of Coverage under This Permit

Permittees may terminate coverage under this Permit after achieving of "final stabilization" for a construction site as defined in Part 5. of this Permit. In addition to achieving final stabilization, the permittee must also:

• Remove temporary storm water conveyances/channels and other temporary storm water control measures and/or BMPs

• Remove construction equipment and vehicles, and

• Cease all potential pollutant-generating activities due to the construction activity.

The permittee must submit the standard Department Notice of Termination (NOT-SWC) form to terminate coverage under this Permit. The NOT-SWC form must be signed by an authorized signatory and submitted to the Department.

Coverage under the permit remains in effect until the Department processes a NOT-SWC form. The permittee is responsible for payment of annual fees for each calendar year covered under the permit. Failure to submit a NOT-SWC will result in accrual of annual permit fees. The permittee is responsible for complying with the terms of this permit until notified by the Department that the authorization is terminated.

If an individual MPDES permit is issued to an owner or operator for discharges which would otherwise be subject to this permit, coverage under this Permit is terminated on the effective date of the individual MPDES permit.

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1.5. Storm Water Rainfall Erosivity Waiver Form

Owners or operators of construction activities with less than five total acres of ground disturbance may use a "Storm Water Rainfall Erosivity Waiver Form" instead of obtaining coverage under this General Permit.

Submittal of a waiver certification is an optional alternative to obtaining permit coverage for discharges of storm water associated with small construction activity. If you submit a waiver request and the associated fee, your project is not waived until approval by the Department and the Department issues an approval letter.

Any discharge of storm water associated with small construction activity not covered by either this General Permit or a waiver may be considered an unpermitted discharge under the Montana Water Quality Act. The Department reserves the right to take enforcement for any unpermitted discharges that occur between the time construction commenced and either General Permit authorization is granted or a complete and accurate waiver certification is submitted and approved. The Department may notify any operator covered by a waiver that they must obtain General Permit coverage. Any member of the public may petition the Department to take action under this provision by submitting written notice along with supporting justification.

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2. Effluent Limitations, Monitoring, and Reporting Requirements

2.1. Technology-Based Effluent Limitations

Technology based effluent limits must be achieved through the good engineering selection and design, implementation, installation, and maintenance of Best Management Practices (BMPs) for all authorized storm water discharges associated with construction activities. To meet this requirement, the permittee must comply with all conditions in Part 2.1. of this Permit, and any other state or local requirements, regardless of stringency. All BMPs must be documented in the SWPPP, site map(s), and/or inspection records. If alternative controls are utilized, documentation must be included to confirm impracticability and that the chosen measure achieves comparable criteria.

At a minimum, the permittee must achieve the following in all BMPs:

2.1.1. Erosion and Sediment Controls

a. Control Storm Water Volume and Velocity to minimize soil erosion, to include:

1. Select and design BMPs that address the amount, frequency, intensity, and total duration of precipitation; quantity and quality of storm water runoff including peak flow rates and total storm water volume; soil characteristics for the construction project area(s) including the range of the soil particle sizes expected to be present on the site; and timeframes the construction project will be completed;

11. Implement and install all BMPs in accordance with good engineering practices and design specifications;

m. Complete implementation and installation of BMPs before or at the start of each major construction activity;

1v. Minimize erosion within the construction project area;

v. Divert storm water runoff from disturbed areas to sediment removal BMPs;

vi. Minimize sediment discharges from the construction project area; and

vii. Maintain BMPs in effective operating condition.

b. Control Storm Water Discharges, to include:

1. Minimize erosion at outlets and conveyance channels; and therefore, protecting downstream properties and waterways by controlling volume and velocity within the construction project area;

11. Protect all storm drain inlets (to include offsite inlets which receive and carry storm water flow from your site to a state surface water, provided you have the authority to access the storm drain inlet);

m. Manage and minimize vehicle / equipment entrances and exits to the construction project area;

1v. Stabilize ditches, swales, channels, and outlets;

v. Construct storm water retention and detention facilities during initial site grading activities;

vi. Provide surface outlets for retention and detention facilities for active construction, and discharge the highest quality water from the facility; and

vii. Protect infiltration facilities from sedimentation during active construction.

c. Minimize Soil Disturbance, to include:

1. Limit areas of disturbance and soil exposure; and

ii. Provide a natural buffer within the construction project area.

d. Minimize the Disturbance of Steep Slopes of 15% or greater, to include:

1. Design and construct cut-and-fill slopes to minimize erosion;

11. Divert off site storm water or ground water away from slopes and disturbed areas; and

m. Prevent storm water run on from impacting sediment removal BMPs.

e. Maintain Natural Buffers around State Surface Waters, to include:

1. Maintain natural buffers around state waters; and

ii. Direct storm water runoff to vegetated areas.

f. Minimize Soil Compaction and Preservation of Topsoil, to include:

1. Mark and maintain clearing limits before disturbing soils and during construction activities; and

11. Preserve topsoil.

2.1.2. Soil Stabilization

Permit No.: MTRl 00000

a. Temporary Soil Stabilization, to include:

1. Stabilize disturbed areas immediately for any portion of the construction project that will remain inactive for 14 or more calendar days with erosion control BMPs.

b. Final Stabilization, to include:

2.1.3.

11. Stabilize disturbed areas within any portion of the project that have completed clearing, grading, excavation, or other earth disturbing activities with erosion control BMPs.

Dewatering

a. Control ground water, surface water, and/or accumulated storm water dewatering…