Stormwater Issues

Meeting Summary

The meeting was held on November 14, 2000. EPA representatives in attendance included the following:

• Roosevelt Childress, Chief, NPDES and Biosolids Permits Section
• Michael Mitchell, NPDES Storm Water and Technical Authority
• Don Joe, Clean Water Act (Storm Water) Enforcement Section

EPD representatives in attendance included the following:

• Drew Zurow, Storm Water Unit Coordinator
• Will Salter, Environmental Specialist

DoD representatives that attended the meeting are shown on Attachment I.

Presentations were delivered by Michael Mitchell (Storm Water Phase II Regulations, Program Overview), Drew Zurow (Potential impact of Storm Water Phase II regulations on Ga DoD bases) and Will Salter (Construction Permit Issues). The main points of each discussion follow.

Stormwater Phase II Requirements – EPA Program Overview

The Phase II stormwater rule was published in the Federal Register on December 8, 1999. The rule covers new sources including: “small” MS4s (municipal separate storm sewer systems), and construction activity at sites between one and five acres.

Small MS4s are any MS4s located in an urbanized area that are not already covered by the Phase I program as a medium or large MS4. These can include federal and state operated MS4s, such as universities, prisons, hospitals, and military bases.  The final rule requires the permittee to choose appropriate best management practices (BMPs) for each of the six minimum control measures.   These include: 1) Public Education and Outreach 2) Public Participation/Involvement 3) Illicit Discharge Detection and Elimination 4) Construction Site Runoff Control 5) Post-Construction Runoff Control, and 6) Pollution Prevention/Good Housekeeping for Municipal Operations.

Under the Storm Water Phase II rule, operators of sites that have construction activity disturbing equal to or greater an one acre and less than five acres of land must obtain an NPDES permit and implement best management practices (BMPs) to minimize pollutant runoff. Construction activity disturbing less than one acre requires a permit if it is part of a larger common plan of development or sale disturbing a total of one acre or greater, or is individually designated for permit coverage by the NPDES permitting authority (EPD). EPA has taken an approach similar to the current Phase I approach where the program requirements are not fully defined in the rule but rather in the NPDES  storm water permit issued by the permitting authority.  EPA recommends that the NPDES permitting authorities (EPD in Georgia) use their existing NPDES storm water general permits for construction as a guide in developing their Phase II construction permits. For additional information, rule and fact sheets are available at: www.epa.gov/ovm/sw/phase2.

Potential impact of Storm Water Phase II regulations to Ga DoD bases

EPD has published their Phase II Storm Water Permitting Strategy. In order to implement the program, EPD will make rule changes to the Rules and Regulations for Water Quality Control. These will be presented to the DNR Board in the first quarter of 2001. Under Phase II, federal facilities will be affected as follows:

• EPD will designate and notify affected MS4 Federal facilities by June 9, 2002. Also, EPD will develop and issue an NPDES general storm water permit for MS4s owned and operated by regulated Federal facilities by December 9, 2002. All federal facilities that are considered to be small MS4s, and which are located in urbanized areas in Georgia (as defined by the US Census Bureau) will have to obtain an NPDES permit by March 10, 2003. To apply for coverage under an MS4 general permit, the applicant is required to submit a Notice of Intent (NOI) in lieu of a formal permit application.

• All federal facilities that operate small construction sites disturbing 1 to 5 acres of land will have to obtain an NPDES permit by March 10, 2003. EPD will develop and issue a general storm water permit for construction activities disturbing 1 to 5 acres by December 9, 2002. At this time, EPD does not intend to grant any waivers for this requirement.

Construction Permit Issues

Currently, all construction sites that are greater than five acres need an NPDES permit.  Any person desiring coverage under General Permit No. GAR100000, which was issued June 12, 2000, must submit a NOI. In addition to the NOI, permit requirements include an Erosion, Sedimentation and Pollution Control Plan, a Comprehensive Monitoring Program (CMP), monitoring reports, and a Notice of Termination. A monthly summary of monitoring results must be submitted to EPD.

The daily, weekly and monthly BMP inspections must be conducted by “qualified personnel.” In order to meet this requirement, DoD facilities can either send their representatives to an approved training course (Attachment 1) or develop an internal training course of their own. For example, the Georgia Department of Transportation has developed an internal training program for their employees and contractors.  Any DoD facility that wants to develop their own training course should contact Will Salter of EPD (at 404-675-1632) and come to the EPD office to review the course material that has been approved for consultants that provide the course.

EPD’s presentation on General NPDES Permit for Stormwater Discharges from Construction Activities that was provided to meeting attendees is included as Attachment 2. To obtain a copy of the General Permit No. GAR100000, go to http://www.gaepd.org/.

Attachment 1

Qualified Personnel Approved Training Courses

*Taking an erosion and sedimentation control course that is eligible for continuing education credits, such as the courses offered by the Georgia Soil and Water Conservation Commission, would also provide the approved training.