ST0102-SY021127STORM WATER
POLLUTION
PREVENTION PLAN
Ruby Road Realignment
Coppell, Dallas County
November, 2002
STORM WATER POLLUTION
PREVENTION PLAN
for RUBY ROAD REALIGNMENT
Ruby Road
At
S. Coppell Road
Coppell, Dallas County, Texas
Prepared for
City of Coppell
November, 2002
Prepared by: Date: 11/27/2002
teven A. Mussen, P.E.
Pacheco Koch Consulting Engineers
TABLE OF CONTENTS
Section 1:
Introduction
1.1 General
1
1.2 Products
1
1.3 Execution
1
Section 2:
Instructions To Contractor
2
2.1 Certification & Notification
2
2.2 Construction / Implementation
2-4
2.3 Final Stabilization / Termination
5
Section 3:
Specific Site Description
6
Section 4:
Controls
8
4.1 Erosion & Sediment Control Measures
8-9
4.2 Waste Control and Disposal
10
4.3 Time of Controls /Measures
10-11
4.4 Compliance
11
Section 5:
EPA Construction General Permit Checklists
12
,-
5.1 Certification Checklist
12
5.2 Implementation / Construction Checklist
12
5.3 Erosion and Sediment Control Checklist
13
5.4 Final Stabilization / Termination Checklist
13
Section 6:
Maintenance / Inspection
14
6.1 Maintenance / Inspection Procedures
14
6.2 Inventory for Pollution Prevention Plan
14
6.3 Operator Inspection Form
15
6.4 Operator Inspection Form (Alternate)
16
Section 7:
Spill Prevention
18
7.1 Material Management Practices
18
7.2 Product Specific Practices
18
7.3 Spill Control Practices
19
Section 8: Pollution Prevention Plan Certification 21
Section 9: Erosion Control Plan 22
Pacheco Koch Consulting Engineers
APPENDICES
APPENDIX A General Permit for Storm Water Discharges from Construction Activities
in EPA Region 6
APPENDIX B List of Hazardous Substances and Reportable Quantities
APPENDIX C Notice of Intent and Notice of Termination
APPENDIX D Representative Authorization Form Letter
APPENDIX E Endangered Species and Historic Places Information
APPENDIX F Grading and Stabilization Record
APPENDIX G Storm Water Pollution Prevention Plan Updates
APPENDIX H Storm Water Pollution Team Member Qualifications
SECTION 1
INTRODUCTION
This section will consist of the completion and implementation of a Storm Water Pollution Prevention
Plan ( SWPPP).
11�-
The Contractor will be provided with a package outlining Contractor requirements regarding the
SWPPP. In addition, reference is made to the SWPPP Erosion Control Plan prepared for this project,
and the NPDES General Permit (Federal Register / Volume 63, No. 128, dated July 6, 1998), which
are included in the appendix.
The Contractor will be responsible for execution and implementation of the SWPPP including
construction of all required erosion control features, reporting to the EPA and completion of inspection
forms as specified in the SWPPP and the NPDE General Permit.
Storm Water Pollution Prevention Plan Package Page 1
SECTION 2
INSTRUCTION TO CONTRACTOR
Upon receipt and review of this package, the Contractor must (a) certify the Storm Water Pollution
Prevention Plan (SWPPP) and (b) submit a Notice of Intent to the appropriate agency. The checklist
provided at the end of this document will be very useful in evaluating whether all the required items
are included in the Storm Water Pollution Prevention Plan prior to certifying the plan or submitting a
Notice of Intent.
A. Certify the Pollution Prevention Plan The EPA General Permit requires that the plan be certified.
The plan should identify an Authorized representative for each operator, generally the Owner and the
General Contractor, (Section 8), to sign the plan. The authorized representative must be someone at,
or near, the top of the management chain, such as the president, vice president or a general partner,
who has been delegated the authority to sign and certify this type of document. In signing the plan,
the authorized representative certifies that the information is true and assumes liability for the plan.
Note that Section 309 of the Clean Water Act provides for significant penalties where information is
false, or if the permittee violates, either knowingly or negligently, permit requirements. The
authorized representative certifying the plan must for each operator delegate in writing an "Authorized
Representative" by name or position that will complete the day to day requirements of the plan, as
discussed in section 2.2.C.
In addition to the party or parties considered to be operators, construction activities often have a
number of different short-term contractors and subcontractors coming onsite during each phase of the
project development. These individuals are to be made aware of the control measures in place and
the requirements of the SWPPP.
B. Submit a Notice of Intent: Submittal of the NOI will not be required on this project as it will be
accounted f or in the City's yearly report.
4_411 MR IMMUMMM-
A. Posting the Notice
The SWPPP shall be signed and retained on -site at the facility, which generates the storm water
discharge.
The permittee shall post a notice near the main entrance of the construction site with the following
information.
a. The NPDES permit number for the project or a copy of the NOI if a permit number has not yet
been assigned;
b. The name and telephone number of a local contact person;
c. A brief description of the project; and
d. The location of the SWPPP if the site is inactive or does not have an on site location to store
the plan.
B. Implement Controls The first action that should be taken is to construct or perform the controls
that were selected for the Storm Water Pollution Prevention Plan. The controls should be
constructed or applied in accordance with State or local specifications. If there are no State or
local specifications for control measures, then the controls should be constructed in accordance
with good engineering practices. The controls must be constructed in the order indicated in the
sequence of major activities. Stabilization measures must be applied within the time frame
specified in the permit.
Storm Water Pollution Prevention Plan Package Page 2
To ensure that controls are adequately implemented, it is important that the work crews who install
the measures are experienced and /or adequately trained. Improperly installed controls can have
little or no effect and may actually increase the pollution of storm water. It is also important that all
other workers on the construction site be made aware of the controls so that they do not
inadvertently disturb or remove them.
C. Inspect & Maintain Controls As discussed previously, inspection and maintenance of the
protective measures that are part of this plan are as important to pollution prevention as property
planning, design; selection, and installation.
• Inspection: The EPA General Permit requires inspection every fourteen (14) days or within 24
hours following a storm of 0.5 inches or more in depth. All disturbed areas of the site, areas for
material storage locations where vehicles enter or exit the site, and all of the erosion and
sediment controls that were identified as part of the plan must be inspected. Controls must be
in good operating condition until the area they protect has been completely stabilized and the
construction activity is complete.
• All reports and inspections required by this permit will be completed by duly authorized
representative or a member of projects Storm Water Pollution Prevention Team. Authorization
of these team members will be made in writing by an officer for the operator to the Director of
the EPA. The form included in Appendix D will be submitted to the director specifying the
individual or a position having responsibility for the overall operation of the activity. The
qualification of the individuals designated as authorized representatives will be documented in
Appendix H. Train will include but not limited to the following:
• Regulation requirements.
• Storm Water Pollution Prevention Plan specifications.
• Inspection, maintenance, and documentation procedures.
• Spill response procedures.
• Maintenance /repairs: The inspector must record any damages or deficiencies in the control
measures on an inspection report form provided for this purpose. These reports document the
inspection of the pollution prevention measures. These same forms can be used to request
maintenance and repair and to prove that inspection and maintenance were performed. The
operator should correct damage or deficiencies as soon as practicable after the inspection but
in no case later than fourteen (14) days after the inspection. Any changes that may be
required to correct deficiencies in the Storm Water Pollution Prevention Plan should also be
made as soon as practicable after the inspection but in no case later than 14 days after the
inspection.
D. Maintain Records of Construction Activities In addition to the inspection and maintenance
reports, the operator should keep records of the construction activity on the site. In particular, the
operator should keep a record of the following information:
• The dates when major grading activities occur in a particular area.
• The dates when construction activities cease in an area, temporarily or permanently.
• The dates when an area is stabilized, temporarily or permanently.
These records can be used to make sure that areas where there is no construction activity will be
stabilized within the required time frame.
Storm Water Pollution Prevention Plan Package Page 3
E. Update / Change the Plan For a construction activity to be in full compliance with its NPDES
storm water permit, and for the Storm Water Pollution Prevention Plan to be effective, the plan
must accurately reflect site features and operations. When it does not, the plan must be changed.
The plan must also be changed if the operator observes that it is not effective in minimizing
pollutant discharge from the site. The plan shall also be updated, as required, to include
stabilization controls required for off -site borrow and fill areas. Updates to the plan shall be
recorded and maintained as a part of the plan.
If, at any time during the effective period of the permit, the permitting authority finds that the plan
does not meet one or more of the minimum standards established by the General Permit, the
permitting authority will notify the permittee of required changes necessary to bring the plan up to
standard.
F. Report Releases of Reportable Quantities Because construction activities may handle certain
hazardous substances over the course of the project, spills of these substances in amounts that
equal or exceed Reportable Quantity (RQ) levels are a possibility. EPA has issued regulations that
define what reportable quantity levels are for oil and hazardous substances. These regulations are
found at 40 CFR Part 110 Part 117, or 40 CFR Part 302. A list of the RQ's are included in this
plan. If there is a RQ release during the construction period, then you must take the following
steps:
• Notify the National Response Center immediately at (800) 424 -8802.
• Within fourteen (14) days, submit a written description of the release to the EPA Regional
Office providing the date and circumstances of the release and the steps to be taken to prevent
another release.
• Modify the pollution prevention plan to include the information listed above.
G. Provide for Plan Location & Access The General Permit has specific requirements regarding
plan location and access.
• Plan location: A copy of the Pollution Prevention Plan must be kept at the construction site
from the time construction begins until the site is finally stabilized.
• Retention of Records: Retention of records requires that copies of the Storm Water Pollution
Prevention Plan and all other reports required by the permit, as well as all of the data used to
complete the NOI be retained for three (3) years after the completion of final site stabilization.
• Access: Although plans and associated records are not necessarily required to be submitted to
the Director, these documents must be made available upon request to the Director, or any
State or local agency who is approving erosion and sediment control plans, or storm water
management plans. If site storm water runoff is discharged to a municipal separate storm
sewer system, the plans must be made available upon request to the municipal operator of the
system.
Storm Water Pollution Prevention Plan Package Page 4
Operators of a construction site must continue to comply with permit conditions until (1) they no
longer meet the definition of an operator of a construction site; or (2) the construction activity is
complete, all disturbed soils have been finally stabilized, and temporary erosion and sediment
controls have been or will be removed. A permittee should submit a Notice of Termination (NOT)
to inform EPA that he /she is no longer an operator of a construction activity.
A. Final Stabilization Final stabilization is defined by the EPA General Permit as meaning that all
soil disturbing activities at the site have been completed, and that a uniform perennial vegetative
cover with a density of 70 percent of the cover for unpaved areas not covered by permanent
structures has been established or equivalent permanent stabilization measures (such as the use
of riprap, gabions or geotextiles) have been employed.
B. Notice of Termination Submittal of the NOT will not be required on this project as it will be
accounted for in the City's yearly report.
C. Record Retention Following the termination of construction activities the permittees must keep a
copy of the Storm Water Pollution Prevention Plan and records of all the data used to complete the
Notice of Intent for a period of at least three years following final stabilization. The record retention
period may be extended by EPA's request.
Storm Water Pollution Prevention Plan Package Page 5
SECTION 3
Project Name: Ruby Road Realignment Owner's Name: City of Coppell
Address: Ruby Road @ S. Coppell Road Address: 255 Parkway Blvd.
Coppell, Texas Coppell, TX 75019 -4409
Description (Purpose/Types of Soil Disturbing Activities):
This project will consist of no buildings with adjacent parking facilities. Soil disturbing activities will
include: clearing and grubbing; installing a stabilized construction entrance, perimeter and other
erosion and sediment controls; grading; excavation for the storm sewer, and utilities; construction of
curb and gutter, and road; and preparation for final planting and seeding. The predominated soil
classifications on the site are active clays.
Runoff Coefficient: The existing coefficient of runoff for the site is c = 0.3 and the final coefficient
will bec =0.9.
Soil Type/Water Quality: Data describing the water quality of storm water discharges for this
site is not available at this time. Information will be added to this plan as it is received. The
Geotechnical investigation classifies the soils on site as follows: Subsurface conditions encountered in
the borings consist of terraced alluvial soils. The alluvial soils consist of variably stratified CH clay, low
plasticity (CL) sandy clay and sand. The CH clay varies from dark gray to light gray and brownish -
yellow, with varying amounts of calcareous concretions and deposits and fine sand. The sandy clay
varies from dark gray to light gray and brownish - yellow, with intermittent traces of calcareous particles
and some calcareous deposits. The sand is brown to brownish - yellow, and dense to very dense, with
intermittent traces of fine gravel. Top of sand was encountered at depths of 11 to 17 %2 feet below
present grades. The terraced alluvial soils extend through the termination depths of the borings.
Site Area: The site is approximately 4 total acres of which 4 acres will be disturbed by construction
activities.
Name of Receiving Waters: The entire site will drain into Cottonwood Branch, which is approximately
0.2 miles from the site.
Industrial Discharges: No discharges associated with industrial activities other than construction are
expected.
Storm Water Pollution Prevention Plan Package Page 6
of Major Activities and Control Measures:
1. Install stabilized construction entrance.
2. Clear and grub for earth dike & sediment
basin.
3. Install silt fence.
4. Install erosion control mats.
5. Install rock check dam.
6. Continue clearing & Grading.
7. Pile topsoil.
8. Stabilize denuded areas & stockpiles within
14 days of last construction activity in that
area.
9. Install Utilities, storm sewer, curb & gutter.
10. Install inlet protection.
11. Apply stone to road.
12. Complete grading /install perm. Seeding &
plantings.
13. Complete final paving.
14. Remove accumulated sediment from basin.
15. When all construction activity is complete & the
site is stabilized, remove erosion control
devices & reseed any areas disturbed by their
removal.
The actual dates of major activities will be maintained and updated as needed on the Grading and
Stabilization Record, Appendix F, or by the projects Construction Schedule, which is to be made a part
of this plan.
Endangered/Threatened Species:
The proposed project is not expected to jeopardize the continued existence of any federally listed
threatened, endangered species, nor is it expected to destroy or adversely modify their critical habitat.
The listed or proposed threatened species believed to be in Dallas County are Black- Capped Vireo
Vireo Atricapillus; Golden - Cheeked Warbler Dendroica Chrysoparia; Interior Least Tern Sterna
Antillarum; Piping Plover Charadrius Melodus; Bald Eagle Haliaeetus Leucocepha /us; Mountain Plover
Charadrius Montanus. The Black- Capped Vireo, Golden - Cheeked Warbler, and the Interior Least Tern
are listed as endangered; the Piping Plover and Bald Eagle are listed as threatened; the Mountain
Plover is listed as proposed.
The Black- Capped Vireo is most often see in scattered trees and numerous dense clumps of shrubs
growing to ground level, interspersed with open areas of bare ground, rock, grasses or (orbs. The
Golden - Cheeked Warbler range is within the Edwards Plateau and the Lampasas cutplain. Their
habitat can be characterized as oak - juniper woodland. Interior Least Tern's premier nesting sites are
salt flats, broad sandbars, and barren shores along wide, shallow rivers. The Piping Plover's nest sites
include sandy beaches along the ocean or inland lakes; bare to sparsely vegetated areas on dredge -
created and natural alluvial islands in rivers; gravel pits along rivers; and salt- encrusted bare areas of
sand, gravel or pebbly mud on alkaline interior lakes and ponds; fly -ash disposal ponds; dike roads
adjacent to lakes; and gravel roads and parking lots. In Texas the Bald Eagle prefers nesting habitats
along river systems, or within 1 -2 miles of some other large body of water, such as a lake or reservoir;
nests are often located in areas where forest, marsh, and water meet. The Mountain Plover breed
almost exclusively on the shortgrass prairie; nesting plovers appear to prefer areas which have been
intensively grazed by livestock.
Dallas County is not listed as the critical habitat for any of the above mentioned species.
Historic Property: No property that is listed on or eligible for the National Register of Historic Places is
located within the project area or is believed to be potentially impacted by stormwater discharges
associated with this site.
Storm Water Pollution Prevention Plan Package Page 7
SECTION 4
CONTROLS
Stabilization
Temporary Stabilization - Top soil stock piles and disturbed portions of the site where construction
activity temporarily ceases for at least 21 days will be stabilized with temporary seed and mulch no
later than 14 days from the last construction activity in that area. This stabilization will consist of the
following: 1) All lawn areas to be Hydromulch Bermuda grass; 2) Bermuda grass seed shall be extra
hulled and treated lawn type seed, delivered to the site in its original unopened container, and shall
meet Texas State Law requirements; 3) Fiber shall be 100% Wood Cellulose Fiber delivered to the
site in its original unopened container, "Conweb" or equal; 4) Fiber tack shall be delivered to the site
in its original unopened container, and shall be "Terra -Tack One ", as manufactured by Grass
Growers, Inc., or equal; 5) Hydromulch with Bermuda grass seed at a rate of two (2) pounds per one
thousand (1,000) square feet; 6) use a 4' x 8' batter board against all bed areas; and 7) If installation
occurs between September 1 and April 1, all Hydromulch areas to be Winter Ryegrass, at a rate of
four (4) pounds per one thousand (1,000) square feet. Areas of the site which are to be paved will be
temporarily stabilized until pavement can be applied.
Permanent Stabilization - Disturbed portions of the site where construction activities permanently
ceases shall be stabilized with permanent seed no later than 14 days after the last construction
activity. This stabilization will consist of the following: 1) All lawn areas to be Hydromulch Bermuda
grass; 2) Bermuda grass seed shall be extra hulled and treated lawn type seed, delivered to the site
in its original unopened container, and shall meet Texas State Law requirements; 3) Fiber shall be
100% Wood Cellulose Fiber delivered to the site in its original opened container, "Conweb" or equal;
4) Fiber tack shall be delivered to the site in its original unopened container, and shall be "Terra -Tack
One ", as manufactured by Grass Growers, Inc., or equal; 5) Hydromulch with Bermuda grass seed at
a rate of two (2) pounds per one thousand (1,000) square feet; 6) use a 4' x 8' batter board against all
bed areas; 7) If installation occurs between September 1 and April 1, all hydromulch areas to be
Winter Ryegrass, at a rate of four (4) pounds per one thousand (1,000) square feet; and 8) All lawn
areas to be hydromulched shall have 90% coverage prior to final acceptance.
B. Structural Practices
Silt Fence - A silt fence consists of geotextile fabric supported by poultry netting or other backing
stretched between either wooden or metal posts with the lower edge of the fabric securely embedded
in the soil. The fence is typically located downstream of disturbed areas to intercept runoff in the form
of sheet flow. Silt fence provides both filtration and time for sedimentation to reduce sediment and it
reduces the velocity of the runoff. Properly designed silt fence is economical since it can be relocated
during construction and reused on other projects. Silt fence is normally used as perimeter control
located downstream of disturbed areas. It is only feasible for non - concentrated, sheet flow
conditions.
Storm Water Pollution Prevention Plan Package Page 8
Inlet Control - Inlet protection consists of a variety of methods of intercepting sediment at low point
inlets through the use of stone, filter fabric and other materials. This is normally located at the inlet,
providing either detention or filtration to reduce sediment and floatable materials in storm water. Inlet
protection is normally used as a secondary defense in site erosion control due to the limited
effectiveness and applicability of the technique. It is normally used in new developments that include
new inlets or roads with new curb inlets or during major repairs to existing roadways. Inlet protection
has limited use in developed areas due to the potential for loading, traffic safety and pedestrian safety
and maintenance problems. Inlet protection can reduce sediment in storm sewer system by serving
as a back system to onsite controls or by reducing sediment loads from controls with limited
effectiveness such as straw bale dikes.
Check Dams - Check dams are small barriers consisting of straw bales, rock, or earth berms placed
across a drainage swale or ditch. They reduce the velocity of small concentrated flows, provide a
limited barrier for sediment and help disperse concentrated flows, reducing potential erosion. Check
dams are used for long drainage swales or ditches in which permanent vegetation may not be
established and erosive velocities are present. They are typically used in conjunction with other
techniques such as inlet protection, rip rap or other sediment reduction techniques. Check dams
provide limited treatment. They are more useful in reducing flow to acceptable levels.
Erosion Control Mats - An erosion control mat (ECM) is a geomembrane or biodegradable fabric
placed over disturbed areas to limit the effects of erosion due to rainfall impact and runoff across
barren soil. Erosion control mats are manufactured by a wide variety of vendors addressing a wide
variety of conditions such as vegetation establishment and high velocity flow. Types of matting
include organic Qute, straw) and synthetic (plastic and glass fiber) materials. Mats can provide both
temporary and /or permanent stabilization for disturbed soil or barren areas. It is used for difficult to
stabilize areas such as steep slopes, temporary or permanent drainage swales, embankments or high
traffic (pedestrian) areas. Some mats are reusable, reducing the initial cost of the installation.
Stabilized Construction Entrance - A stabilized construction entrance consists of a pad consisting of
gravel, crushed stone, recycled concrete or other rock like material on top of geotextile filter cloth to
facilitate the wash down and removal of sediment and other debris from construction equipment prior
to exiting the construction site. For added effectiveness, a wash rack area can be incorporated into
the design to further reduce sediment tracking. For long term projects, cattle guards or other type of
permanent rack system can be used in conjunction with a wash rack. This directly addresses the
problem of silt and mud deposition in roadways used for construction site access. Stabilized
construction entrances are used primarily for sites in which significant truck traffic occurs on a daily
basis. It reduces the need to remove sediment from streets. If used property, it also directs the
majority of traffic to a single location, reducing the number and quantity of disturbed areas on the site
and providing protection for other structural controls through traffic control.
Storm Water Management
Storm water drainage will be provided by curb and gutter, storm sewer and catch basin, for the
developed areas. The areas which are not developed will be graded at less than 0.5:1 and have
permanent seeding or plantings. The site will remain untouched and in its natural state.
Storm Water Pollution Prevention Plan Package Page 9
Waste Materials - All waste materials will be collected and stored in a securely lidded metal dumpster
rented from the local Waste Management Company, which is a licensed solid waste management
company. The dumpster will meet all local and any State solid waste management regulations. All
trash and construction debris from the site will be deposited in the dumpster. The dumpster will be
emptied a minimum of twice per week or more often if necessary, and the trash will be hauled to the
City Dump. No construction waste materials will be buried onsite. All personnel will be instructed
regarding the correct procedure for waste disposal. Notices stating these practices will be posted in
the office trailer. The individual who manages the day -to -day site operations will be responsible for
seeing that these procedures are followed.
Hazardous Waste - All hazardous waste materials will be disposed of in the manner specified by local
or State regulations or by the manufacturer. Site personnel will be instructed in these practices and
the individual who manages day -to -day site operations will be responsible for seeing that these
practices are followed.
Sanitary Was - All sanitary waste will be collected from the portable units a minimum of three (3)
times per week by a licensed sanitary waste management contractor, as required by local regulation.
Offsite Vehicle Tracking and Dust Control
A stabilized construction entrance has been provided to help reduce vehicle tracking of sediments.
The paved street adjacent to the site entrance will be swept daily to remove any excess mud, dirt or
rock tracked from the site. Dump trucks hauling material from the construction site will be covered
with a tarpaulin. If dust is visibly leaving the site due to construction activities, dust suppression
techniques such as wetting the soil will be employed.
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The contractor and the operator shall review the SWPPP requirements prior to beginning construction
activities. The following is the erosion control sequence that needs to be followed.
1. Site Mobilization: Prior to any construction on the site a stabilized construction entrance should
be installed.
2. Clearing & Rough Grading: Prior to any grading of the site, erosion control measures, as
specified in section 4.1 and shown on the Erosion Control Plan in Section 9 shall be installed.
These controls may include but are not limited to silt fences, hay bales, sedimentation ponds and
vegetated swales. The installation is required to prevent sediment from leaving disturbed areas.
3. Storm Drain Installation: In addition to maintaining the devices installed during initial grading,
supplemental control measures will need to be installed. These devices will include devices
shown on the plan such as storm drain inlet protection and sediment traps. Inlet protection
devices prevent sedimentation from entering the inlet and subsequently, the storm sewer system
as well as the receiving water body. Other devices may be required as shown on the erosion
control plan or requested by the inspector or operator.
4. Pavement Installation: In addition to maintaining the control measures installed during initial
grading and storm drain installation phases, supplemental measures should be installed. Upon
completion of paving and curb backfill operations, control measures should install behind curbs
at handicap ramps and along parkways where sediment could enter streets and /or paved areas.
Storm Water Pollution Prevention Plan Package Page 10
5. Final Grading: Additional control measures are not required during final grading. However,
maintenance of existing control measures installed during previous phases will continue.
6. Installation of Public Utilities: Additional control measures are likewise not required during
installation of public utilities. However, maintenance of existing control measures installed during
previous phases must continue.
7. Project Construction: In addition to maintaining previously installed control measures, a strict
policy will be enacted which minimizes vehicle traffic from entering non -paved areas.
Construction materials will be unloaded from existing paved surfaces where possible, thereby
preventing disturbing control measures already in place and reducing sediment tracking into
paved areas. Areas where construction activity temporarily ceases for more than 21 days will be
stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once
construction activity ceases permanently in an area, that area will be stabilized with permanent
seed and mulch. After the entire site is stabilized, the accumulated sediment will be removed
and the erosion control measures will be removed.
The storm water pollution prevention plan reflects local, state, and federal requirements for storm
water management and erosion and sediment control. A copy of the Federal regulations is included
in Appendix A.
Nmi
Storm Water Pollution Prevention Plan Package Page 11
SECTION 5
EPA CONSTRUCTION GENERAL PERMIT CHECKLISTS
1. Sign and submit Notice of Intent (NOI) (Appendix C)
2. Sign Storm Water Pollution Plan Certification (Section 8)
3. Sign Endangered Species Evaluation Certification (Appendix E)
OWNER
Al
Sign Historic Places Impact Evaluation Certification (Appendix E) ❑
Fill out, sign, and submit Representative Authorization Form (Appendix D) ❑
Note: A copy of all signed documents referenced above must be maintained with the SWPPP.
Plan Implementation:
• Plan certifications complete and maintained in SWPPP
• Post a Notice at the entrance to the site stating:
• NPDES permit number or copy of NOI's
• Name and telephone number of local contact.
• Brief description of the project.
• Location of SWPPP.
in Implement controls outlined in the SWPPP
2 *. Maintain Records of Construction Activities, (Add Construction Schedule to SWPPP) including:
• Dates when major grading activities occur
• Dates when construction activities temporarily cease on a portion of the site
• Dates when construction activities permanently cease on a portion of the site
❑ Dates when stabilization measures are initiated on the site
Prepare Inspection Reports summarizing:
❑ Name of Inspector
• Qualifications of inspector (Appendix H)
• Measures /areas inspected
• Observed conditions
• Changes necessary to the SWPPP
*. Report Releases of Reportable Quantities of Oil or Hazardous Materials (if they occur):
❑ Notify National Response Center 800/424 -8802 immediately
❑ Notify permitting authority in writing within 14 days
❑ Modify the pollution prevention plan to include:
- the date of release
- circumstances leading to the release
- steps taken to prevent reoccurrence of the release
5 *. Modify Pollution Prevention Plan as necessary to:
❑ Comply with minimum permit requirements when notified by EPA that the plan does not comply
• Address a change in design, construction operations or maintenance which has an effect on the
potential for discharge of pollutants
• Prevent recurrence of reportable quantity releases of a hazardous material or oil
J *Note: These procedures are to be an ongoing process for the length of the project.
CONTRACTOR
Storm Water Pollution Prevention Plan Package Page 12
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Instructions: This checklist lists the minimum sediment erosion control requirements under the USEPA
General Permit. Check each item and fill in the blanks below to evaluate compliance for each drainage area
and location. Note: This checklist was prepared for the USEPA General Permit. Requirements for State
General Permits may vary.
Practices
Stabilization will be initiated on all disturbed areas where construction activity will not occur for a period of
more than 21 calendar days by the 14th day after construction activity has permanently or temporarily
ceased. Stabilization measures to be used include:
• Temporary Seeding ❑ Sod Stabilization
• Permanent Seeding ❑ Geotextiles
• Mulching ❑ Other
Practices
Flows from upstream areas will be diverted from exposed soils to the degree attainable. Measures to be
used include:
• Earth Dike ❑ Pipe Slope Drain
• Drainage Swale ❑ Other
• Interceptor Dike and Swale
For Drainage locations serving
less than 10 disturbed acres,
Sediment Controls will be installed
and will include:
For Drainage locations serving 10 or more
disturbed acres, a Sediment Basin will be installed
If a Sediment Basin is not attainable on site,
Sediment Controls will be installed & will include:
❑ Sediment Basin
• Sediment Trap
• Silt Fence or equivalent along all
sideslopes & downstream boundaries
• Sediment Trap
• Silt Fence or equivalent along all
sideslopes & downstream boundaries
1. All soil disturbing activities are complete.
2. Temporary erosion and sediment control measures have been, or will be, removed at an appropriate time.
3. All areas of the construction site not otherwise covered by a permanent pavement or structure have been
stabilized with a uniform perennial vegetative cover with a density of 70% or equivalent measures have
been emoloved.
Storm Water Pollution Prevention Plan Package Page 13
SECTION 6
MAINTENANCE / INSPECTION
9 � " LEMON
These are the inspection and maintenance practices that will be used to maintain erosion
sediment controls:
• The total area denuded at one time will be minimized.
• All control measures will be inspected at least once every two weeks and following any storm
event of 0.5 inches or greater.
• All measures will be maintained in good working order; if a repair is necessary, it will be initiated
within 24 hours of report.
• Built up sediment will be removed from silt fence when it has reached one -third the height of the
fence.
• Silt fence will be inspected for depth of sediment, tears, to see of the fabric is securely attached
to the fence posts, and to see that the fence posts are firmly in the ground.
• Inlet control will be inspected and repaired as necessary.
• Check dam will be inspected and repaired as necessary.
• Temporary and permanent seeding and planting will be inspected for bare spots, washouts, and
healthy growth.
• A maintenance inspection report will be made after each inspection. A copy of the report form
to be completed by the inspector is attached.
• Personnel selected for inspection and maintenance responsibilities will have received training.
They will be trained in all the inspection and maintenance practices necessary for keeping the
erosion and sediment controls used onsite in good working order.
It is expected that the following non -storm water discharges will occur from the site during the
construction period:
• Water from water line flushings.
• Pavement wash waters (where no spills or leaks of toxic or hazardous materials have occurred).
• Uncontaminated groundwater (from dewatering excavation).
• Water used for dust control.
• Building and vehicle wash where detergent is not in use.
All non -storm water discharges will be directed to the sediment basin prior to d
The materials or substances listed below are expected to be present onsite during construction:
Concrete Fertilizers Tar
Detergents Petroleum Based Products Wood
Paints (enamel and latex) Cleaning solvents
Storm Water Pollution Prevention Plan Package Page 14
6.3 OPERATOR INSPECTION FORM
Project Name:
Inspector:
Date:
Weekly Storm Event:
Inches:
Used?
•
Interceptor Swale
•
Diversion Dike
•
Pipe Slope Drain
•
Vegetation
•
Mulching
•
Erosion Control Mats
•
Other Controls
❑
Silt Fence
•
Straw Bale Dike
•
Tri- Sediment Filter
•
Inlet Protection
•
Sediment Trap
•
Sediment Basin
•
Check Dams
•
Temp. Sed. Tank
•
Stab. Const. Entry
•
Sandbag Berms
(G,F,P)
Actions Required
Are BMPs in place and maintained in accordance with SWPPP for site? Yes ❑ No ❑
If not, why?
Are there obvious signs of sediment loss or pollution from site? Yes ❑ No ❑
If yes: ❑ SWPPP modifications required and /or
❑ Controls are improperly installed or poorly maintained.
Are good housekeeping practices observed? Yes ❑ No ❑
If not, measures to implement?
certify that this is an accurate assessment of the pollution prevention controls in place on the site.
Inspector:
Date:
Storm Water Pollution Prevention Plan Package Page 15
6.4 OPERATOR INSPECTION FORM
Alternate
To be comp leted every 14 days and within 24 hours of a rainfall even of 0.5 inches or more.
Project Name: Date:
Inspector:
Inspector's Qualifications:
Days since last rainfall:
Area Date Since Date of
Being Last Next
Reported Disturbed Disturbance
1.
2.
3.
4.
5.
6.
7.
Stabilization Required:
Amount of last rainfall
Is Area Area is
Stabilized? Stabilized
Yes /No With
inches
Condition
of
Area
To be performed by:
From To
on or before:
Is Dike Stabilized?
ired for Earth Dike:
Is there evidence of washout/over- tooping?
To be performed by: on or before:
Storm Water Pollution Prevention Plan Package Page 16
Depth of Condition of Evidence of Overtopping
Sediment in Basin Basin Slide Slopes of the Embankment
ance Required for Sediment
To be performed by:
on or before:
Does much sediment Is gravel clean or Does all traffic use stabilized
get tracked on road? filled with sediment? entrance to leave site?
Required for Stabilized Construction Entrance:
Condition of Outfall
from Sediment Basin
Is culvert beneath
the entrance working?
To be performed by:
Changes Requ
Reason for Changes:
on or before:
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 gathered and
evaluated the information submitted. Based on my inquiry of the person or 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.
Inspector:
Date:
Storm Water Pollution Prevention Plan Package Page 17
SECTION 7
SPILL PREVENTION
The following are the material management practices that will be used to reduce risk of spills or
other accidental exposure of materials and substances to storm water runoff:
A. Good Housekeeping The following good housekeeping practices will be followed onsite during
the construction project:
• An effort will be made to store only enough product required to do the job.
• All materials stored on -site will be stored in a neat, orderly manner in their appropriate
containers and, if possible, under a roof or other enclosure.
• Products will be kept in their original containers with the original manufacturer's label.
• Substances will not be mixed with one another unless recommended by the manufacturer.
• Whenever possible, all of a product will be used up before disposing of the container.
• Manufacturers' recommendations for proper use and disposal will be followed.
B. Hazardous Products The following practices are used to reduce the risks associated with
hazardous materials.
• Products will be kept in original containers unless they are not re- sealable.
• Paints, solvents, fertilizer, fuel (small containers), and other stored chemical substances will be
kept within an enclosure to protect the containers and the floor of the enclosure, from wind,
precipitation, and storm water runoff.
• Fuel storage and filling areas will be bermed off to provide collection of any spills and prevent
exposure to storm water runoff.
• Original labels and Material Safety Data Sheets (MSDS) will be retained on site and available
for review by workers.
• If surplus product must be disposed of, manufacturers' or local and State recommended
methods for oroper disposal will be followed.
i
The following product specific practices will be followed onsite:
Petroleum Products All onsite vehicles will be monitored for leaks and receive regular
preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in
tightly sealed containers which are clearly labeled. Any asphalt substances used onsite will be
applied according to the manufacturer's recommendations.
Fertilizers Fertilizers used will be applied only in the minimum amounts recommended by the
manufacturer. Storage will be in a covered shed.
Paints All containers will be tightly sealed and stored when not required for use. Excess paint
will not be discharged to the storm sewer system but will be properly disposed of according to
manufacturers' instructions or State and local regulations.
Concrete Trucks Concrete trucks will not be allowed to wash out or discharge surplus concrete
or drum wash water off the site. Wash water will be discharged and collected in a designated
,w
Storm Water Pollution Prevention Plan Package Page 18
In addition to the good housekeeping and material management practices discussed in the previous sections
of this plan, the following practices will be followed for spill prevention and cleanup:
• Manufacturers' recommended methods for spill cleanup will be maintained on -site in the material data
sheets (MSDS) and site personnel will be made aware of the procedures and the location of the
information and cleanup supplies.
• Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite.
Equipment and materials will include but not be limited to brooms, dust pans, mops, rags, gloves,
goggles, kitty litter, sand, sawdust and plastic and metal trash containers specifically for this purpose.
• All spills will be cleaned up immediately after discovery.
• The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to
prevent injury from contact with a hazardous substance.
• Spills of toxic or hazardous material will be reported to the appropriate State or local government
agency, regardless of the size.
• The spill prevention plan will be adjusted to include measures to prevent this type of spill from recurring
and how to clean up the spill if there is another one. A description of the spill, what caused it, and the
cleanup measures will also be included.
Storm Water Pollution Prevention Plan Package Page 19
SECTION 8
POLLUTION PREVENTION PLAN CERTIFICATION
I certify under penalty of law that this document and all attachments were prepared under my direction
or supervision in accordance with an in -house design procedure designed to assure that qualified
personnel properly gathered and evaluated the information submitted. Based on my inquiry of the
person or persons who prepared the design, 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.
Mr. Kenneth Griffin
CITY OF COPPELL
255 Parkway Blvd.
Coppell, Texas 75019
(972) 304 -3679
SIGNATURE DATE
PRINT NAME AND TITLE
Mr. Robert Caudill
TISEO PAVING COMPANY
419 E. Highway 80
Mesquite, Texas 75150
(972) 289 -0723
SIGNATURE DATE
PRINT NAME AND TITLE
fuc �v ' ov5
v�
k s ;
Storm Water Pollution Prevention Plan Package Page 20
SECTION 9
Erosion Control Plan
.m
r
i
ARTICLE IX. STORM WATER DRAINAGE SYSTEM
04/30/2002 Pacheco Koch Consulting Engineers 8/27
SEC. 19 -118. DEFINITIONS
In this article:
(1) AGRICULTURAL STORM WATER RUNOFF means any storm water runoff from orchards, cultivated crops,
pastures, range lands, and other non -point source agricultural activities, but does not include discharges from:
(A) concentrated animal feeding operations as defined in 40 CFR Section 122.23; or
(B) concentrated aquatic animal production facilities as defined in 40 CFR Section 122.24.
(2) ANIMAL WASTE means:
(A) animal manure, litter, or bedding:
(B) water that has contacted animal manure, litter, or bedding:
(C) water from washing, flushing, or cleaning animal pens; and
(D) liquid or solid waste from pens used at kennels, animal hospitals, poultry processing facilities, dairies, or
rendering plants.
(3) BEST MANAGEMENT PRACTICES means schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the pollution of waters of the United States. Best
management practices also include treatment requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(4) BOD (BIOLOGICAL OXYGEN DEMAND) means the amount of oxygen required to meet the metabolic needs
of aerobic microorganisms in water. A high BOD indicates a high level of organic matter or waste. A BOD test is
recorded in mg /I and measures the oxygen consumed over a five -day period.
(5) CFR means the Code of Federal Regulations, as periodically amended
(6) CITY means the city of Dallas, Texas.
(7) COAL PILE RUNOFF means the rainfall runoff from or through any coal storage pile.
(8) COD (CHEMICAL OXYGEN DEMAND) means that term as defined in Section 49 -1(18) of this code.
(9) COMMENCEMENT OF CONSTRUCTION means the disturbance of soils associated with clearing, grading,
excavating, or other construction activities.
(10) COMMERCIAL USE means any business, trade, industry, or other business activity engaged in for profit.
(11) CONSTRUCTION GENERAL PERMIT means the General NPDES Permit for Storm Water Discharges from
Construction Sites issued by the EPA, including any subsequent modifications or amendments to the permit, and
the associated EPA construction activity regulations.
(12) DIRECTOR means the director of the department of public works and transportation, or the director's duly
authorized representative.
(13) DISCHARGE means any addition, introduction, release, or flow of any pollutant, storm water, or other
substance, whether separate or mixed, into the storm water drainage system, waters of the United States, or state
water. The term includes any spilling, leaking, pumping, pouring, emitting, emptying, escaping, leaching, dumping,
disposing, or other type of release or discharge engaged in, caused, or permitted by a discharger.
(14) DISCHARGER means:
(A) any person who causes, allows, permits, or is otherwise responsible for a discharge, including but not limited
to any operator of a construction site or industrial facility; or
04/30/2002 Pacheco Koch Consulting Engineers 9/27
(B) the owner or operator of a facility that is the source of a discharge.
(15) DOMESTIC WASTEWATER means the following types of wastewater when free from industrial waste:
(A) water containing human excrement;
(B) gray water from home clothes washing, bathing, showers, dishwashing, and food preparation, and other
wastewater from household drains; and
(C) waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment
houses and hotels), office buildings, factories, and institutions.
(16) ENVIRONMENTAL PROTECTION AGENCY (EPA) means:
(A) the United States Environmental Protection Agency;
(B) any federal department, agency, or commission that may succeed to the authority of the EPA; and
(C) any duly authorized official of the EPA or any successor agency.
(17) EXTREMELY HAZARDOUS SUBSTANCE means any substance listed in the appendices to 40 CFR Part
355, Emergency Planning and Notification.
(18) FACILITY means any building, structure, installation, equipment, vehicle, vessel, process, activity, or other
property, real or personal, from which there is or may be a discharge of a pollutant.
(19) FERTILIZER means a solid or non -solid substance or compound that contains an essential plant nutrient
element in a form available to plants, which substance or compound is used primarily for its essential plant nutrient
element content in promoting or stimulating growth of a plant or improving the quality of a crop. The term includes a
mixture of two or more fertilizers. The term does not include the excreta of an animal, plant remains, or a mixture of
animal and plant remains, for which no claim of essential plant nutrient elements is made.
(20) FINAL STABILIZATION means the status of the ground when:
(A) all soil disturbing activities at a site have been completed; and
(B) either a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas and
areas not covered by permanent structures has been established or equivalent permanent stabilization measures
(such as the use of riprap, gabions, or geotextiles) have been employed.
(21) FIRE DEPARTMENT means the fire department of the city.
(22) FIRE PROTECTION WATER means water, including any substance or material contained in the water, that is
used by a person other than the fire department to control or extinguish a fire.
(23) GARBAGE means that term as defined in Section 18 -2(20) of this code.
(24) GOVERNMENTAL ENTITY means a state agency, county, school district, municipality, or other political
subdivision of the state.
(25) HARMFUL QUANTITY means the amount of any substance that will cause pollution in the storm water
drainage system, waters of the United States, or state water.
(26) HAZARDOUS HOUSEHOLD WASTE means any material generated in a household (including single and
multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, picnic
grounds, and day use recreational areas) by a consumer that, except for the exclusion provided in 40 CFR Section
261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261.
04/30/2002 Pacheco Koch Consulting Engineers 10/27
(27) HAZARDOUS SUBSTANCE means any substance listed in Table 302.4 of 40 CFR Part 302.
(28) HAZARDOUS WASTE means any substance identified or listed as a hazardous waste by the EPA pursuant to
40 CFR Part 261.
(29) HAZARDOUS WASTE TREATMENT, DISPOSAL, AND RECOVERY FACILITY means all contiguous land,
structures, and other appurtenances and improvements on land that are used for the treatment, disposal, or
recovery of hazardous waste.
(30) HERBICIDE means a substance or mixture of substances used to destroy a plant or to inhibit plant growth.
(31) INDUSTRIAL GENERAL PERMIT means the General NPDES Permit for Storm Water Discharges Associated
with Industrial Activity issued by the EPA, including any subsequent modifications or amendments to the permit,
and the associated EPA industrial activity regulations.
(32) INDUSTRIAL WASTE means that term as defined in Section 49 -1(38) of this code.
(33) LANDFILL means an area of land or an excavation owned and operated by the city:
(A) in which municipal solid waste is placed for permanent disposal; and
(B) that is not a land treatment facility, a surface impoundment, an injection well, or a pile, as those terms are
defined in regulations promulgated by the Texas Natural Resources Conservation Commission.
(34) MG /L means milligrams per liter.
(35) MOTOR VEHICLE FLUID means any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid,
differential lubricant, gasoline, diesel fuel, gasoline /alcohol blend, or other fluid used in a motor vehicle.
(36) MUNICIPAL SOLID WASTE means that term as defined in Section 18 -2(28) of this code.
(37) NON -POINT SOURCE means any source of discharge of a pollutant that is not a point source.
(38) NOTICE OF INTENT means the notice of intent application form required by EPA regulations or by the terms
governing an industrial general permit or construction general permit to obtain NPDES permit coverage.
(39) NOTICE OF TERMINATION means the notice of termination required by EPA regulations or by the terms
governing an industrial general permit or construction general permit to terminate NPDES permit coverage.
(40) NPDES PERMIT means a permit issued by the EPA (or by the state under authority delegated pursuant to 33
USC Section 1342(b)] under the National Permit Discharge Elimination System that authorizes the discharge of
pollutants into waters of the United States, whether the permit is applicable on an individual, group, or general area -
wide basis.
(41) OIL means any kind of oil in any form, including, but not limited to:
(A) petroleum, fuel oil, crude oil. or any fraction of those oils that is liquid at standard conditions of temperature
and pressure;
(B) sludge;
(C) oil refuse; and
(D) oil mixed with other waste.
/'� (42) OPERATOR means any person who, either individually or jointly with another person, has:
(A) operational control over facility specifications, including the ability to make modifications in the specifications;
04/30/2002 Pacheco Koch Consulting Engineers 11/27
(B) day - today operational control over those activities at a facility necessary to ensure compliance with pollution
prevention requirements and any permit conditions; or
(C) actual physical use or operation of, or supervision of the actual physical use or operation of, a facility.
(43) OWNER means any person who owns or has title, in whole or in part, to a facility that is the source of a
discharge.
(44) PERSON means an individual; a private, public, or non - profit corporation; a partnership; an association; a
limited liability company; a firm; an industry; a governmental entity; or any other legal entity.
(45) PESTICIDE means any substance or mixture of substances intended:
(A) to prevent, destroy, repel, or mitigate any pest; or
(B) for use as a plant regulator, defoliant, or desiccant, as those terms are defined in Section 76.001 of the
Texas Agriculture Code, as amended.
(46) PETROLEUM PRODUCT means a petroleum product that is obtained from distilling and processing crude oil
and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline,
gasohol and other alcohol - blended fuels, aviation gasoline, kerosene, distillate fuel oil, and Number 1 and Number
2 diesel. The term does not, include naphtha -type jet fuel, kerosene -type jet fuel, or a petroleum product destined
for use in chemical manufacturing or feedstock of that manufacturing.
(47) PETROLEUM STORAGE TANK means any one, or a combination of, aboveground or underground storage
tanks that contain petroleum products, including any connecting underground pipes.
(48) PH means that term as defined in Section 49 -1(58) of this code.
(49) POINT SOURCE means any discernable, confined, and discrete conveyance, including but not limited to any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be
discharged. The term does not include return flows from irrigated agriculture or agricultural storm water runoff.
(50) POLLUTANT means dredged spoil, dirt, mud, solid waste, incinerator residue, wastewater, garbage,
wastewater sludge, munitions, chemical waste, chemical sludge, medical waste, biological materials, radioactive
materials, hazardous waste, heat, wrecked or discarded equipment, rock, sand, cellar dirt, yard waste, animal
waste, industrial, municipal and agricultural waste discharged into water, and any other similar material or
substance characterized by state or federal law or EPA regulation as a pollutant. The term does not include tail
water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land, or
farm land.
(51) POLLUTION means the alteration of the physical, thermal, chemical, or biological quality of, or the
contamination of, any waters of the United States or state water that:
(A) renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the
public health, safety, or welfare; or
(B) impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
(52) QUALIFIED PERSONNEL means a person who possesses the appropriate competence, skills, and ability (as
demonstrated by sufficient education, training, experience, and, when applicable, required certification or licensing)
to perform a specific activity in a timely and complete manner consistent with the applicable regulatory
requirements and generally- accepted industry standards for such activity.
(53) REPORTABLE QUANTITY means:
(A) for a hazardous substance, the quantity established and listed in Table 302.4 of 40 CFR Part 302; and
04/30/2002 Pacheco Koch Consulting Engineers 12/27
(B) for an extremely hazardous substance, the quantity established in 40 CFR Part 355 and listed in Appendix A
thereto, or Section 311 of the Clean Water Act as described in 40 CFR Section 117.3.
(54) RUBBISH means nonputrescible solid waste, excluding ashes, that consists of:
(A) combustible waste material, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastic, yard
trimmings, leaves, and similar material; and
(B) noncombustible waste material, including glass, crockery, tin cans, aluminum cans, metal furniture, and
similar material that does not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
(55) SEPTIC TANK WASTE means any domestic wastewater contained in or coming from a holding tank such as
a vessel, chemical toilet, camper, trailer, or septic tank.
(56) SERVICE STATION means any retail establishment engaged in the business of selling fuel for motor vehicles
by dispensing the fuel from stationary storage tanks.
(57) SITE means the land or water area where any facility is physically located or conducted, including adjacent
land used in connection with the facility.
(58) SOLID WASTE means any waste resulting from industrial, municipal, commercial, mining, and agricultural
operations or from community and institutional activities, including but not limited to garbage; rubbish; refuse;
sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; or other discarded
material including solid, liquid, semi - solid, or contained gaseous material.
(59) STATE means the State of Texas.
(60) STATE WATER means, to the extent the water is located within the city:
(A) the water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake and of
every bay or arm of the Gulf of Mexico and the storm water, floodwater, and rainwater of every river, natural
stream, canyon, ravine, depression, and watershed within, upon, or forming the boundaries of the state; and
(B) water that is imported from any source outside the boundaries of the state for use in the state and that is
transported through the beds and banks of any navigable stream within the state or by utilizing any facilities owned
or operated by the state.
(61) STORM WATER means storm water runoff, snow or ice melt runoff, and surface and drainage runoff resulting
from precipitation that reaches the surface of the earth during a storm event.
(62) STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY means the discharge from any
conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing,
processing, or raw materials storage areas at an industrial plant, which plant is within one of the categories of
facilities listed in 40 CFR Section 122.26(b)(14). The term does not include any discharge that is excluded from the
EPA's definition of "storm water discharge associated with industrial activity."
(63) STORM WATER DRAINAGE SYSTEM means the system of conveyances and facilities (including roads with
drainage systems, city streets, catch basins, curbs, gutters, detention basins, ditches, man -made channels, natural
creeks and channels, lakes, rivers, and storm drains) owned and operated by the city that are designed or used
exclusively to collect or convey storm water and that are not designed or used to collect or convey wastewater.
(64) STORM WATER POLLUTION PREVENTION PLAN means a plan required by either a construction general
permit or an industrial general permit, which plan describes and ensures the implementation of practices to reduce
pollutants in storm water discharges associated with construction or industrial activity at a site or facility.
(65) TSS (TOTAL SUSPENDED SOLIDS) means solids found in water that can be removed from a solution by
filtration. Origins of suspended solids can be man -made wastes or natural sources such as silt or sediment.
(66) UNCONTAMINATED means not containing a harmful quantity of any substance.
04/30/2002 Pacheco Koch Consulting Engineers 13/27
(67) USED OIL means any oil that:
(A) has been refined from crude oil or a synthetic oil;
(B) as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities
or the loss of original properties; and
(C) may be suitable for further use and is recyclable in compliance with state and federal law.
(68) WASTEWATER means domestic wastewater, industrial waste, or other water - carried waste that is discharged
into the wastewater system and passes through the wastewater system to the city's wastewater treatment plant for
treatment.
(69) WASTEWATER SYSTEM means the system of pipes, conduits, and other conveyances owned and operated
by the city that carries industrial waste and domestic wastewater, whether treated or untreated, from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions to the city's wastewater
treatment plant, and into which system storm water, surface water, and groundwater are not intentionally admitted.
(70) WATER QUALITY STANDARD means the designation of a body or segment of surface water in the State of
Texas for desirable uses and the narrative and numerical criteria deemed by the State of Texas to be necessary to
protect those uses, as specified in Chapter 307, Title 31 of the Texas Administrative Code, as amended.
(71) WATERS OF THE UNITED STATES means, to the extent the waters are within the city:
(A) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign
commerce, including all waters subject to the ebb and flow of the tide;
(B) all interstate waters, including interstate wetlands;
(C) all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign
commerce;
(D) all impoundments of waters otherwise defined as waters of the United States under this definition;
(E) all tributaries of waters identified in this definition;
(F) all wetlands adjacent to waters identified in this definition; and
(G) any waters within the federal definition of the term as described in 40 CFR Section 122.2; but does not
include any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the
federal Clean Water Act.
(72) WETLANDS means an area that is inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.
(73) YARD WASTE means leaves, grass clippings, yard and garden debris, and brush that result from landscaping
maintenance and land- clearing operations. (Ord. 24033)
SEC. 19-118.1. ENFORCEMENT
(a) The director, the city environmental health officer, and any code compliance officer have the power to enforce
this article.
(b) The municipal court has the power to issue administrative search warrants, or other process allowed by law, to
a police officer, the director, the city environmental health officer, or a code compliance officer of the city where
necessary to aid in enforcing this article.
04/30/2002 Pacheco Koch Consulting Engineers 14/27
(c) A person who violates any provision of this article is guilty of a separate offense for each day or portion of a day
during which the violation is continued. Each offense is punishable by a fine not to exceed $2,000.
(d) Unless otherwise stated in this article, a culpable mental state is not required to prove an offense under this
article. A person is criminally responsible for a violation of this article if the person:
(1) commits or assists in the commission of the violation or causes or permits another person to commit the
violation; or
(2) owns, operates, or manages a site or facility determined to be the cause of the violation.
(e) This article may also be enforced by civil court action as provided by state or federal law.
(f) This article, to the extent applicable to the activity or facility permitted, is incorporated by reference as part of
any construction permit, street or sidewalk cut permit, fill permit, or plat approval or other development approval
process required by this code. If a person who has received one of the permits or approvals mentioned in this
subsection violates an applicable provision of this article, the director may issue a correction order for the site,
activity, or facility where the violation occurred. If the violation is not corrected within the time period stipulated in
the correction order, the director may either:
(1) revoke or cause the revocation of the permit or approval; or
(2) halt the permitted or approved activity or facility until the violation is abated or corrected. (Ord. 24033)
SEC. 19- 118.2. PROHIBITED DISCHARGES
(a) A person commits an offense if he discharges or causes to be discharged any water that does not consist
entirely of storm water into the storm water drainage system, waters of the United States, or state water.
i� (b) It is a defense to prosecution under Subsection (a) that a discharge of water not composed entirely of storm
water resulted or occurred exclusively from one or more of the following sources, activities, or events:
(1) Full compliance with an NPDES permit, other than the NPDES permit granted to the city for discharges from
the storm water drainage system.
(2) Fire fighting by the fire department.
(3) Agricultural storm water runoff.
(4) Water line flushing, excluding a flushing from water line disinfection by superchlorination or other means
unless:
(A) the total residual chlorine has been reduced to less than five mg /l; and
(B) the discharge contains no harmful quantity of chlorine or any other chemical used in line disinfection.
(5) Lawn watering, landscape irrigation, or other irrigation water.
(6) A diverted stream flow or natural spring.
(7) Uncontaminated pumped groundwater or rising groundwater.
(8) Uncontaminated groundwater infiltration, as that term is defined in 40 CFR Section 35.2005(20), into the
storm water drainage system.
(9) A foundation drain, crawl space pump, footing drain, or sump pump, if the discharge is uncontaminated.
(10) A potable water source not containing a harmful substance or material from the cleaning or draining of a
storage tank or other container.
(11) Air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber,
emissions filter, or other source of pollutant.
04/30/2002 Pacheco Koch Consulting Engineers 15/27
(12) Individual residential car washing.
(13) A riparian habitat or wetlands.
(14) Water used in street washing that is not contaminated with any soap, detergent, degreaser, solvent,
emulsifier, dispersant, or other harmful cleaning substance.
(15) Storm water runoff from a roof that is not contaminated by any runoff or discharge from an emissions
scrubber, emissions filter, or other source of pollutant.
(16) Swimming pool water that:
(A) has been dechlorinated so that total residual chlorine is less than five mg /I; and
(B) contains no harmful quantity of muriatic acid or other chemical used in the treatment or disinfection of
swimming pool water or in pool cleaning.
(17) A temporary car wash sponsored by a civic group, school, or a religious or other nonprofit organization.
(c) No defense to prosecution is available under Subsection (b) if:
(1) the discharge in question has been determined by the director to be the source of a pollutant to the storm
water drainage system, waters of the United States, or state water;
(2) written notice of such determination has been provided to the discharger; and
(3) the discharge has occurred more frequently than or beyond the limits permitted by the director on a case by
case basis.
(d) In any civil or criminal action, the discharger has the burden of proving that a discharge in violation of
r Subsection (a) is uncontaminated or falls within a defense to prosecution under Subsection (b). Prima facie proof
that a discharge is uncontaminated must be made in the form of an analysis by a certified laboratory, using
standard methods or procedures prescribed by EPA regulation. A copy of the laboratory analysis must be sent to
the director.
(e) A person commits an offense if he discharges or causes to be discharged into the storm water drainage
system, waters of the United States, or state water a pollutant or substance that causes or contributes in causing
the city to violate a water quality standard, the city's NPDES permit, or any state - issued discharge permit for
discharges from the city's storm water drainage system.
(f) A person commits an offense if he discharges or allows or permits the discharge of any of the following into the
storm water drainage system:
(1) Used oil, antifreeze, or any other motor vehicle fluid.
(2) Industrial waste.
(3) Hazardous waste, including hazardous household waste.
(4) Domestic wastewater, septic tank waste, grease trap waste, or grit trap waste.
(5) Garbage, rubbish, or yard waste.
(6) Wastewater from:
(A) a commercial car wash facility;
(B) any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership,
rental agency, body shop, repair shop, or maintenance facility; (C) any washing, cleaning, or maintenance of
i^- any business, commercial, or public service vehicle (including a truck, bus, or heavy equipment) by a business or
public entity that operates more than two of such vehicles;
(D) the washing, cleaning, de- icing, or other maintenance of aircraft;
04/30/2002 Pacheco Koch Consulting Engineers 16/27
(E) a commercial mobile power washer or the washing or other cleaning of a building exterior if the
wastewater contains any soap, detergent, degreaser, solvent, or other harmful cleaning substance;
(F) floor, rug, or carpet cleaning;
(G) the washdown or other cleaning of pavement if the wastewater contains any harmful quantity of soap,
detergent, solvent, degreaser, emulsifier, dispersant, or other harmful cleaning substance; or
(H) the washdown or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel,
or other petroleum or hazardous substance has occurred, unless all harmful quantities of the released material
have been previously removed.
(7) Effluent from a cooling tower, condenser, compressor, emissions scrubber, or emissions filter or the
blowdown from a boiler.
(8) Ready -mixed concrete, mortar, ceramic or asphalt base material, or hydromulch material, or wastewater
from the cleaning of vehicles or equipment containing or used in transporting or applying such material.
(9) Runoff or washdown water from any animal pen, kennel, or fowl or livestock containment area.
(10) Filter backwash from a swimming pool, fountain, or spa.
(11) Swimming pool water that contains:
(A) total residual chlorine of five mg /1 or more; or
(B) any harmful quantity of muriatic acid or other chemical used in the treatment or disinfection of swimming
pool water or in pool cleaning.
(12) Discharge from water line disinfection by superchlorination or other means if: (A) the total residual
chlorine is at five mg /I or more; or
(B) the discharge contains any harmful quantity of another chemical used in line disinfection.
(13) Fire protection water containing oil or a hazardous substance or material, unless treatment adequate to
r^ remove pollutants occurs prior to discharge, except that this prohibition does not apply to discharges or flow from
fire fighting by the fire department.
(14) Water from a water curtain in a spray room used for painting vehicles or equipment.
(15) Contaminated runoff from a vehicle wrecking yard.
(16) Any substance or material that will damage, block, or clog the storm water drainage system.
(17) Any discharge from a petroleum storage tank, any leachate or runoff from soil contaminated by a leaking
petroleum storage tank, or any discharge of pumped, confined, or treated wastewater from the remediation of a
petroleum storage tank release, unless the discharge complies with all state and federal standards and
requirements and does not contain a harmful quantity of any pollutant.
(g) A person commits an offense if he discharges into the storm water drainage system a harmful quantity of
sediment, silt, earth, soil. or other material associated with:
(1) clearing, grading, excavating, or other construction activities; or
(2) landfilling or other placement or disposal of soil, rock, or other earth materials in excess of what could be
retained on site or captured by employing sediment and erosion control measures to the maximum extent
practicable.
(h) A person commits an offense if he connects a line that conveys domestic wastewater or industrial waste to the
storm water drainage system or knowingly allows such a connection to continue. (Ord. 24033)
SEC. 19-118.3. REGULATION OF PESTICIDES, HERBICIDES, AND FERTILIZERS
(a) Any sale, distribution, application, labeling, manufacture, transportation, storage, or disposal of a pesticide,
herbicide, or fertilizer within the city must comply fully with all applicable state and federal statutes and regulations,
including but not limited to:
(1) the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);
04/30/2002 Pacheco Koch Consulting Engineers 17/27
(2) federal regulations promulgated pursuant to FIFRA; and
(3) applicable provisions of Chapters 63, 75, and 76 of the Texas Agriculture Code, as amended, and state
regulations promulgated pursuant to those chapters.
(b) A license, permit, registration, certification, or evidence of financial responsibility required by state or federal
law for the sale, distribution ,application,manufacture, transportation, storage, or disposal of a pesticide, herbicide,
or fertilizer must be presented to the director, the environmental health officer, any city code compliance officer, and
any police officer for examination upon request.
(c) No person shall, within the city, use or cause to be used any pesticide or herbicide contrary to any directions for
use on any labeling required by state or federal statute or regulation.
(d) No person shall, within the city, use, dispose of, discard, store, or transport a pesticide, herbicide, or fertilizer or
a pesticide, herbicide, or fertilizer container in a manner that the person knows or reasonably should know is likely
to cause, or does cause, a harmful quantity of the pesticide, herbicide, or fertilizer to enter the storm water drainage
system, waters of the United States, or state water. (Ord. 24033)
SEC. 19- 118.4. USED OIL REGULATION; HAZARDOUS HOUSEHOLD WASTE
(a) A person commits an offense if he:
(1) discharges used oil into the storm water drainage system, into a private drainage system that feeds into the
storm water drainage system, or into any septic tank, surface water, groundwater, or watercourse within the city;
(2) mixes or commingles used oil with solid waste that is to be disposed of in a landfill, or knowingly and directly
disposes of used oil on land or in a landfill; or
i (3) applies used oil to a road or land for dust suppression, weed abatement, or other similar use that introduces
used oil into the environment.
(b) All businesses that change motor oil for the public, all municipal landfills, and all fire stations are encouraged to
serve as public used -oil collection centers as provided for in Section 371.024 of the Texas Health and Safety Code,
as amended.
(c) Any retail dealer that annually sells directly to the public more than 500 gallons of oil in containers for use off
premises shall post in a prominent place on its premises a sign, provided by the city or by the state, informing the
public that improper disposal of used oil is prohibited by law. The sign must prominently display the toll -free
telephone number of the state used -oil information center.
(d) Hazardous household waste must be segregated from other household waste and discarded only at certain
specified locations, such as at a Dallas County hazardous household waste collection event or at the permanent
hazardous household waste collection site. (Ord. 24033)
SEC. 19- 118.5. DISCHARGE REPORTING AND CLEANUP
(a) A discharger of a reportable quantity of a hazardous or extremely hazardous substance into the storm water
drainage system, waters of the United States, or state water shall telephone and notify the director and the fire
department immediately after becoming aware of the discharge. A discharger of a reportable quantity of any of the
following substances into the storm water drainage system, waters of the United States, or state water shall
telephone and notify the director concerning the incident within 24 hours after its occurrence:
(1) An amount of oil that either:
(A) violates applicable water quality standards; or
(B) causes a film or sheen upon, or discoloration of, the surface of the water or an adjoining shoreline, or
causes a sludge or emulsion to be deposited beneath the surface of the water or upon an adjoining shoreline.
(2) A harmful quantity of any other pollutant that is not a hazardous or extremely hazardous substance.
04/30/2002 Pacheco Koch Consulting Engineers 18/27
(b) The notification required by Subsection (a) of this section must include all of the following information:
(1) The identity or chemical name of the substance released and whether the substance is an extremely
hazardous substance.
(2) The exact location of the discharge, including any known name of the waters involved or threatened and any
other environmental media affected.
(3) The time and duration of the discharge at the moment of notification.
(4) An estimate of the quantity and concentration, if known, of the substance discharged.
(5) The source of the discharge.
(6) Any known or anticipated health risks associated with the discharge and, where appropriate, advice
regarding medical attention that may be necessary for exposed individuals.
(7) Precautions that should be taken as a result of the discharge.
(8) Steps that have been taken to contain or clean up the discharged substance and related material and to
minimize the impact of the discharge.
(9) The name and telephone number of each person to be contacted for further information.
(c) Within 15 days after a discharge under this section, the discharger shall, unless expressly waived in writing by
the director, submit a written report containing each item of information required by Subsection (b), as well as the
following additional information:
(1) The ultimate duration, concentration, and quantity of the discharge.
(2) All actions taken to respond to, contain, and clean up the discharged substances, and all precautions taken
to minimize the impact of the discharge.
(3) Any known or anticipated acute or chronic health risks associated with the discharge.
(4) Where appropriate, advice regarding medical attention necessary for exposed individuals.
(5) The identity of each governmental entity and private sector representative responding to the discharge.
(6) Measures taken or to be taken by the discharger to prevent similar future occurrences.
(d) The notifications required by Subsections (b) and (c) of this section do not relieve the discharger from any
expense, loss, damage, or other liability that may be incurred as a result of the discharge, including any liability for
damage to the city, to natural resources, or to any other person or property. The notifications also do not relieve the
discharger from any fine, penalty, or other liability that may be imposed under this article or under state or federal
law.
(e) A release report required by a state or federal regulatory authority that contains the information described in
Subsections (b) and (c) of this section meets the reporting requirements of Subsection (c), upon submittal of the
report to the director.
(f) The owner or operator of any facility, vehicle, or other source responsible for a discharge described in
Subsection (a) of this section shall:
(1) comply with all state, federal, and local law requiring reporting, cleanup, containment, and any other
appropriate remedial action in response to the discharge; and
(2) reimburse the city for any costs incurred by the city in responding to the discharge.
(g) A discharger commits an offense if he:
04/30/2002 Pacheco Koch Consulting Engineers 19/27
(1) fails or refuses to report the discharge within the time required by Subsection (a) after becoming aware of the
discharge;
(2) knowingly provides false or incorrect information in a notification or report required under this section; or
(3) fails or refuses to take the necessary action to clean up pollution or damage to the storm water drainage
system, waters of the United States, or state water, or to other property, that is caused by the discharge. (Ord.
24033)
SEC. 19- 118.6. STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
(a) An operator of a construction site shall comply with all terms and conditions of a construction general permit or
a specific NPDES permit, whichever is obtained for the site from the EPA. An operator of a construction site shall,
to the maximum extent practicable, use best management practices to control and minimize the discharge into the
storm water drainage system, waters of the United States, and state water of any sediment, silt, earth, soil, or other
material associated with clearing, grading, excavation, land filling, and other construction activities. Erosion control
elements meeting the criteria for best management practices must be installed either before any construction site is
established or in accordance with an installation schedule as specified in a storm water pollution prevention plan
required by the construction general permit or a specific NPDES permit.
(b) The best management practices referred to in Subsection (a) of this section may include, but are not limited to,
the following measures:
(1) Ensuring that existing vegetation is preserved where feasible and that disturbed portions of the site are
stabilized as soon as practicable in portions of the site where construction activities have temporarily (as described
in EPA regulations) or permanently ceased. Stabilization measures may include:
(A) temporary or permanent seeding;
(B) mulching;
(C) geotextiles;
(D) sod stabilization;
(E) vegetative buffer strips;
(F) protection of trees;
(G) preservation of mature vegetation; and
(H) other appropriate measures.
(2) Using structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from the site to the maximum extent feasible.
(3) Minimizing the tracking of sediments off site by vehicles, the generation of dust, and the escape of other
windblown waste from the site.
(4) Preventing the discharge of building materials, including cement, lime, concrete, and mortar, into the storm
water drainage system, waters of the United States, or state water.
(5) Providing general good housekeeping measures to prevent and contain spills of paints, solvents, fuels,
septic waste, and other hazardous chemicals and pollutants associated with construction, and to ensure proper
cleanup and disposal of any spills in compliance with state, federal, and local requirements;
(6) Implementing proper waste disposal and waste management techniques, including covering waste materials
and minimizing ground contact with hazardous chemicals and trash.
(7) Providing for the timely maintenance of vegetation, erosion, and sediment control devices, and other best
management practices to keep vegetation, erosion, and sediment control devices in good and effective operating
condition.
(8) Installing structural measures during the construction process to control pollutants in storm water discharges
that will occur after construction operations have been completed. Structural measures should be placed on upland
soils to the degree attainable. Installed structural measures may include, but are not limited to:
(A) stormwater detention structures, including wet ponds;
04/30/2002 Pacheco Koch Consulting Engineers 20/27
(B) stormwater retention structures;
(C) flow attenuation by use of open vegetative swales and natural depressions;
(D) other velocity dissipation devices;
(E) infiltration of runoff on site; and
(F) sequential systems that combine several practices.
(c) The operator of a construction site is only responsible for the installation and maintenance of storm water
management measures prior to final stabilization of the site and is not responsible for maintenance after storm
water discharges associated with construction activity have terminated.
(d) The operator of a construction site shall inspect the site and any facilities on the site in accordance with the
requirements of the construction general permit or the NPDES permit, whichever is obtained for the site from the
EPA.
(e) The director may require that plans and specifications prepared for the construction of site improvements
illustrate and describe what best management practices will be implemented at the construction site.
(f) The city may deny approval of any building permit, street or sidewalk cut permit, plumbing permit, service
connection permit, grading permit, subdivision plat, site development plan, or other city approval necessary to
commence or continue construction or development, if the management practices described in the plans and
specifications, or observed upon a site inspection by the director, are determined not to control and reduce, to the
maximum extent practicable, the discharge of sediment, silt, earth, soil, and other materials associated with
clearing, grading, excavating, and other construction activities.
(g) An owner of a construction site is jointly and severally responsible with the operator for compliance with the
requirements of this section, even if the owner is not an operator of the site.
(h) Any contractor or subcontractor on a construction activity site, who is not an owner or operator of the site but
who is responsible under the construction contract or subcontract for implementing a best management practices
control measure, is jointly and severally responsible for any intentional, willful, or negligent failure to adequately
implement that control measure if such failure causes or contributes to causing the city to violate a water quality
standard, the city's NPDES permit, or any other discharge permit issued by a state or federal regulatory authority
for discharges from the storm water drainage system.
(i) An owner or operator of a construction site who is required to obtain an NPDES permit for storm water
discharges associated with construction activity shall submit a copy of the notice of intent and notice of termination
in accordance with the NPDES permit. (Ord. 24033)
SEC. 19- 118.7. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY
(a) An operator conducting an industrial activity shall comply with all terms and conditions of an industrial general
permit or a specific NPDES permit, whichever is obtained for the activity from the EPA. An operator is required to
retain records of all monitoring information collected for a six -year period from the date of sample collection. An
operator shall submit any EPA monitoring results or a summary of results to the director, upon request, and shall
submit copies of discharge monitoring reports to the director.
(b) A discharge composed of coal pile runoff must comply with the following limitations:
(1) No discharge may at any time exceed a maximum concentration of 50 mg /I total suspended solids, nor may
such runoff be diluted with storm water or other flow in order to meet this limitation.
(2) The pH of such a discharge must be within the range of 6.0 to 9.0.
(c) An untreated overflow from a facility designed, constructed, and operated to treat the volume of coal pile runoff
that is associated with a 10 -year, 24 -hour rainfall event is not subject to the 50 mg /I limitation for total suspended
solids.
(d) If an industrial facility is required by Part VI.B.2 of the industrial general permit to conduct semi - annual
monitoring, the operator shall submit to the director a signed copy of each semi - annual monitoring report, prepared
in compliance with Part VI.D of the industrial general permit.
04/30/2002 Pacheco Koch Consulting Engineers 21/27
(e) If an industrial facility is required by Part VI.B.3 of the industrial general permit to conduct annual monitoring,
the operator shall retain records of the monitoring results at the facility and make them available to the director
upon request. When requested by the director, the operator shall prepare a written report of the annual monitoring
and submit it to the director. The director may require written reports of any monitoring, whether annual or periodic,
to be submitted upon request.
(f) By written notice, the director may require any industrial facility identified as not being in compliance with this
section to implement a monitoring program that includes the written submission of quantitative data on the following
constituents:
(1) Any pollutants limited in effluent guidelines subcategories, where applicable.
(2) Any pollutant listed in an existing NPDES permit for the facility.
(3) Oil and grease, COD, pH, BOD, TSS, total phosphorous, total Kjeldahl nitrogen, and nitrate plus nitrite
nitrogen.
(4) Any information on discharges required under 40 CFR Section 122.21(g)(7)(iii) and (iv).
(g) By written notice, the director may require any industrial facility regulated by this section to conduct semi-
annual or annual monitoring of storm water discharges, or the director may specify an alternative monitoring
frequency or specify additional parameters to be analyzed. The director may require written reports of any
additional monitoring to be submitted.
(h) An operator of an industrial facility regulated by this section shall retain the storm water pollution prevention
plan, all records of monitoring information, copies of all required reports, and records of all data used to complete
the notice of intent for at least three years after submitting a notice of termination required by Subsection 0) of this
section.
.^ (i) No storm water discharge associated with industrial activity may contain any of the following hazardous metals
in a concentration that exceeds either the maximum allowable concentrations (in mg /1) listed below for each metal
or the maximum concentrations for each metal allowed under federal law, whichever limit is more stringent:
Total Monthly Daily Single
Metal Average Composite Grab
(mg /1) (mg /I) (mg /1)
Arsenic
0.1
0.2
0.3
Barium
1.0
2.0
4.0
Cadmium
0.05
0.1
0.2
Chromium
0.5
1.0
5.0
Copper
0.5
1.0
2.0
Lead
0.5
1.0
1.5
Manganese
1.0
2.0
3.0
Mercury
0.005
0.005
0.01
Nickel
1.0
0.1
0.2
Selenium
0.05
0.1
0.2
Silver
0.05
0.1
0.2
Zinc
1.0
2.0
6.0
0) The operator of an industrial facility regulated by this section shall submit a notice of termination to the director,
which includes the information required for notices of termination under Part IX of the industrial general permit,
whenever:
(1) all storm water discharges associated with industrial activity that are authorized by this article and by the
NPDES permit are eliminated at the facility; or
(2) the operator of storm water discharges associated with industrial activity at the facility changes.
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(k) An owner of a facility with a storm water discharge associated with industrial activity regulated by this section,
whether or not the owner is an operator of the facility, is jointly and severally responsible for compliance with:
(1) the best management practices measures required in the storm water pollution prevention plan for the
facility; and
(2) the effluent limitations for coal pile runoff and hazardous metals specified in Subsections (b), (c) and (i) of
this section.
(1) Upon request by the director, an owner or operator of any industrial facility that experiences a problem
complying with the requirements of this section, the industrial general permit, or any applicable individual or group
NPDES permit issued for storm water discharges from the facility shall consult with the director in an attempt to
achieve compliance as soon as practicable. If compliance is not achieved to the director's satisfaction, the director
may report the noncompliance to the EPA or to the state, or the director may commence or request
commencement of any enforcement action authorized under Section 19 -118.1 of this article. Exercising the option
for consultation under this subsection is not a bar against, or prerequisite to, the taking of any other enforcement
action against an owner or operator of a facility. (Ord. 24033)
SEC. 19- 118.8. COMPLIANCE MONITORING
(a) The director may enter the premises of any person who is discharging storm water into the storm water
drainage system, waters of the United States, or state water to determine if the discharger is complying with all
requirements of this article and of any applicable state or federal discharge permit, limitation, or requirement.
(b) A discharger shall:
(1) allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties; and
(2) make available to the director, upon request, any storm water pollution prevention plans or modifications to
plans, self- inspection reports, monitoring records, compliance evaluations, notices of intent, and other records,
reports, and documents related to compliance with this article and with any state or federal storm water discharge
permit.
(c) If a discharger has security measures in force that require proper identification and clearance before entry into
the premises, the discharger shall make necessary arrangements with its security guards so that, upon
presentation of suitable identification, the director is permitted to enter without delay for the purpose of performing
the director's responsibilities.
(d) The director shall have the right to install on the discharger's property, or to require installation of, such devices
as are necessary to conduct sampling or metering of the discharger's operations.
(e) The director may require any discharger that contributes a harmful quantity of a pollutant to the storm water
drainage system, waters of the United States, or state water to conduct specified sampling, testing, analysis, and
other monitoring of its storm water discharges. The director may specify the frequency and parameters of any
required monitoring.
(f) The director may require the discharger to install monitoring equipment as necessary at the discharger's
expense. The discharger, at its own expense, shall at all times maintain the facility's sampling and monitoring
equipment in a safe and proper operating condition. Each device used to measure storm water flow and quality
must be calibrated to ensure accuracy.
(g) Any temporary or permanent obstruction to safe and easy access to a facility that is to be inspected or sampled
must be promptly removed by the discharger at the written or verbal request of the director and may not be
replaced. The cost of clearing access to the facility must be borne by the discharger.
(h) A person commits an offense if he:
(1) lawfully consents to the director's entry into a facility that discharges storm water, but then knowingly
obstructs or hinders the director in accessing the facility for the lawful purposes of inspection or sampling; or
04/30/2002 Pacheco Koch Consulting Engineers 23/27
(2) knowingly obstructs or hinders the director in accessing, for the lawful purposes of inspection or sampling
pursuant to a lawfully issued administrative search warrant, a facility that discharges storm water.
(i) Nothing in this section prohibits a person from exercising the constitutional right to require that entry to a site or
any other property be made pursuant to a validly issued administrative or other search warrant, except where a
search warrant is not required by law. (Ord. 24033)
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APPENDIX A
!- General Permit for Storm Water Discharges from Construction Activities in EPA
Region 6
/ �
Monday
July 6, 1998
Part II
Environmental
Protection Agency
Reissuance of NPDES General Permits
for Storm Water Discharges From
Construction Activities in Region 6;
Notice
36489
36490 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRL- 6119 -71
Reissuance of NPDES General Permits
for Storm Water Discharges from
Construction Activities in Region 6
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of final NPDES general
permits.
SUMMARY: Region 6 is issuing the final
National Pollutant Discharge
Elimination System ( NPDES) general
permits for storm water discharges
associated with construction activity in
Region 6. EPA first issued permits for
these activities in September 1992.
These permits subsequently expired in
September 1997. Today's permits,
which replace those expired permits,
are similar to the permits Issued in
1992. The main changes from those
1992 permits are summarized in the
SUPPLEMENTARY INFORMATION section,
below.
ADDRESSES: The index to the
administrative record and the complete
administrative record are available at
the Water Docket, MC -4101, U.S. EPA,
401 M Street SW, Washington, DC
20460. Copies of information in the
record are available upon request. A
reasonable fee may be charged for
copying. The index to the
administrative record is also available
from EPA Region 6, Water Quality
Protection Division, Customer Service
Branch (6WQ -CA) 1445 Ross Avenue,
Suite 1200, Dallas, TX 75202.
DATES: These general permits shall be
effective on July 6, 1998.
NOTICE OF INTENT: A NOTICE OF INTENT
(NOI) FORM MUST BE SUBMITTED TO OBTAIN
COVERAGE FOR STORM WATER DISCHARGES
UNDER THESE PERMITS. THE NOI FORM IS
GIVEN IN ADDENDUM C OF THESE PERMITS.
DEADLINES FOR SUBMITTAL OF NOI'S ARE
PROVIDED IN PART ILA OF THE PERMITS.
FOR FURTHER INFORMATION CONTACT: For
further information on the NPDES
Construction General Permits, call the
EPA Region 6 Storm Water Hotline at 1-
800- 245 -6510. Information is also
available through the EPA Region 6's
storm water web site at "http: //
www.epa.gov /region6 /sw/ and on the
PIPES bulletin board web site at "http:/
/pipes.ehsg.saic.com/pipes.htm".
SUPPLEMENTARY INFORMATION:
Contents
I. Introduction
II. Answers to Common Questions
III. Section 401 Certification and Coastal
Zone Management Act
IV. Endangered Species Protection
V. Historic Properties Protection
VI. Regulatory Review (Executive Order
12866)
VII. Unfunded Mandates Reform Act
VIII. Paperwork Reduction Act
IX. Regulatory Flexibility Act
I. Introduction
The United States Environmental
Protection Agency Region 6 office is
reissuing the general permits which
authorizes the discharge storm water
associated with construction activity. As
used in this permit, "storm water
associated with construction activity"
means construction activity disturbing
at least five acres, or construction
activity disturbing less than five acres
which is part of a larger common plan
of development or sale with the
potential to disturb cumulatively five or
more acres (See 40 CFR
122.26(b) (14) (M.
These permits replace the previous
Baseline Construction General Permits
which were issued for a five -year term
in September 1992. The most significant
changes from the 1992 permits are:
► New conditions to protect listed
endangered and threatened species and
critical habitats;
► Expanded coverage to
construction sites under five acres of
disturbed land which are not part of a
larger common plan of development or
sale when an operator has been
designated by the Director to obtain
coveragge.
0- A requirement to post at the
construction site the confirmation of
permit coverage (the permit number or
copy of the Notice of Intent (NOI) if a
permit number has not yet been
assigned) including a brief description
of the project;
► Storm water pollution prevention
plan performance objectives have been
added.
These general permits for storm water
discharges associated with construction
activity was proposed on June 2, 1997
(62 FR 29786), and are hereby issued for
the following areas in Region 6: The
States of New Mexico and Texas; Indian
Country lands in Louisiana, Oklahoma,
Texas and New Mexico (except Navajo
Reservation Lands and Ute Mountain
Reservation Lands); and oil and gas
construction in the State of Oklahoma.
II. Answers to Common Questions
In this section, EPA provides answers
to some of the more common questions
on the construction storm water
permitting program. These answers are
fairly broad and may not take into
account all scenarios possible at
construction sites. More details on these
issues are provided at 63 FR 7858
(February 17, 1998) in the "Summary of
Responses to Comments on the
Proposed Permit" section of the
reissuance of NPDES General Permits
From Construction Activities for
Regions 1, 2, 3, 7, 8, 9 and 10.
Now do I Know if I Need a Permit?
You need a storm water permit if you
can be considered an "operator" of the
construction activity that would result
in the "discharge of storm water
associated with construction activity."
You must become a permittee if you
meet either of the following two criteria:
► You have operational control of
construction project plans and
specifications, including the ability to
make modifications to those plans and
specifications; or
► You have day -to -day operational
control of those activities at a project
which are necessary to ensure
compliance with a storm water
pollution prevention plan ( SWPPP) for
the site or other permit conditions (e.g.,
you are authorized to direct workers at
a site to carry out activities required by
the SWPPP or comply with other permit
conditions).
There may be more than one party at
a site performing the tasks relating to
"operational control" as defined above.
Depending on the site and the
relationship between the parties (e.g.,
owner, developer), there can either be a
single party acting as site operator and
consequently be responsible for
obtaining permit coverage, or there can
be two or more operators with all
needing permit coverage. The following
are three general operator scenarios
(variations on any of the three are
possible as the number of "owners" and
contractors increases):
► Owner as Sole Permittee. The
property owner designs the structures
for the site, develops and implements
the SWPPP, and serves as general
contractor (or has an on -site
representative with full authority to
direct day -to -day operations). He may be
the only party that needs a permit, in
which case everyone else on the site
may be considered subcontractors and
not need permit coverage.
► Contractor as Sole Permittee. The
property owner hires a construction
company to design the project, prepare
the SWPPP, and supervise
implementation of the plan and
compliance with the permit (e.g., a
"turnkey" project). Here, the contractor
would be the only party needing a
permit. It is under this scenario that an
individual having a personal residence
built for his own use (e.g., not those to
be sold for profit or used as rental
property) would not be considered an
36492 Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices
under your control. For example, if you
are a homebuilder in a residential
development, you need submit only one
NOI to cover all your lots, even if they
are on opposite sides of the
development.
The NOI must be postmarked two
days before you begin work on site. The
address for submitting NOIs is found in
the instruction portion of the NOI form
and in Part II.C. of the CGP. You must
also look in Part X of the permit to
determine if copies of the NOI form are
to be sent to a State or Indian Tribe.
If I Am on an ongoing Construction
Project, do I Have to Fill in a New NOI
To Be Covered by the Permit?
Yes, if you are on an ongoing
construction project, a construction
project which started prior to the
effective date of this permit, you must
complete a revised NOI Form (EPA
Form 3510 -9) to obtain coverage under
this permit. However, applicants who
have previously submitted an NOI for
permit coverage prior to the effective
date of this permit have the option to
leave the section regarding Addendum
A on endangered species blank unless
there is a potential impact on
endangered species or their habitat.
How do I Know Which Permit
Conditions Apply to Me?
You are responsible for complying
with all parts of the permit that are
applicable to the construction activities
you perform. Part III.E. of the permit
defines the roles of various operators at
a site. In addition, several States and
Indian Tribes require alternative or
additional permit conditions, and these
can be found In Part X of the permit.
Do I Have Flexibility in Preparing the
Storm Water Pollution Prevention Plan
( SWPPP) and Selecting Best
Management Practices (BMPs) for My
Site?
Storm water pollution prevention
plan requirements were designed to
allow maximum flexibility to develop
the needed storm water controls based
on the specifics of the site. Some of the
factors you might consider include:
more stringent local development
requirements and /or building codes;
precipitation patterns for the area at the
time the project will be underway; soil
types; slopes; layout of structures for the
site; sensitivity of nearby water bodies;
safety concerns of the storm water
controls (e.g., potential hazards of water
in storm water retention ponds to the
safety of children; the potential of
drawing birds to retention ponds and
the hazards they pose to aircraft); and
coordination with other site operators.
Must Every Permittee Have His Own
Separate SWPPP or Is a Joint Plan
Allowed?
The only requirement is that there be
at least one SWPPP for a site which
incorporates the required elements for
all operators, but there can be separate
plans if individual permittees so desire.
EPA encourages permittees to explore
possible cost savings by having a joint
SWPPP for several operators. For
example, the prime developer could
assume the inspection responsibilities
for the entire site, while each
homebuilder shares in the installation
and maintenance of sediment traps
serving common areas.
If a Project Will Not Be Completed
Before This Permit Expires, How Can I
Keep Permit Coverage?
If the permit is reissued or replaced
with a new one before the current one
expires, you will need to comply with
whatever conditions the new permit
requires in order to transition coverage
from the old permit. This usually
includes submitting a new NOI. If the
permit expires before a replacement
permit can be issued, the permit will be
administratively "continued." You are
automatically covered under the
continued permit, without needing to
submit anything to EPA, until the
earliest of:
► The permit being reissued or
re laced;
V Submittal of a Notice of
Termination (NOT);
► Issuance of an individual permit
for your activity; or
► The Director issues a formal
decision not to reissue the permit, at
which time you must seek coverage
under an alternative permit.
When Can I Terminate Permit Coverage?
Can I Terminate Coverage (i.e., Liability
for Permit Compliance) Before the Entire
Project Is Finished?
You can submit an NOT for your
portion of a site providing: (1) You have
achieved final stabilization of the
portion of the site for which you are a
permittee (including, if applicable,
returning agricultural land to its pre
construction agricultural use); (2)
another operator /permittee has assumed
control according to Part VI.G.2.c. of the
permit over all areas of the site that have
not been finally stabilized which you
were responsible for (for example, a
developer can pass permit responsibility
for lots in a subdivision to the
homebuilder who purchases those lots,
providing the homebuilder has filed his
own NOI); or (3) for residential
construction only, you have completed
temporary stabilization and the
residence has been transferred to the
homeowner.
III. Section 401 Certification and
Coastal Zone Management Act
Section 401 of the Clean Water Act
states that EPA may not issue an NPDES
permit until the State in which the
discharge will originate grants or waives
certification to ensure compliance with
appropriate requirements of the Act and
State law. The Region has received
section 401 certification from the
appropriate States and Indian Tribes for
all facilities covered by today's permits.
Additional permit requirements were
required as a condition of certification
by the State of Texas and by the Pueblos
of Isleta, Nambe, Picuris, Pojoaque,
Sandia, Tesuque and Santa Clara in
New Mexico. These additional permit
requirements are contained in Part X of
the permits.
The Coastal Zone Management Act
(CZMA) requires all Federal permitting
actions to be reviewed for consistency
with each approved State Coastal Zone
Management Plan. Texas Is the only
State covered by these permits that has
an approved Coastal Zone Management
Plan, EPA Region 6 has determined that
the permit is consistent with the Texas
Coastal Zone Management Plan. The
Texas Coastal Zone Management Plan
procedures for Federal consistency with
Coastal Management Program goals and
policies (31 TAC 506.12) state that if an
activity requiring a state agency or
subdivision action above thresholds
requires an equivalent Federal permit,
the Texas Coastal Coordination Council
may determine the consistency of the
state agency /subdivision action or the
Federal permit, but not both. Permittees
whose construction projects are located
within the boundary of the Texas
Coastal Management Program above
thresholds will be required, as a part of
pre - construction project approval, to
have a consistency review by the Texas
Council. An additional consistency
review by the Texas Coastal
Coordination Council of the storm water
discharges from these construction
projects covered by today's permit is,
therefore, not required.
IV. Endangered Species Protection
A. Background
The Construction General Permit
(CGP) also contains conditions to ensure
the activities regulated by it are
protective of species that are listed
under the Endangered Species Act
(ESA) as endangered or threatened
(known as "listed species "), and listed
species habitat that is designated under
C. Final CGP Conditions To Protect
Listed Species
On April 28, 1997, EPA entered into
formal consultation with the Fish and
Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS) (the
"Services ") for issuance of the CGP.
After discussions with the Services,
EPA terminated formal consultation and
entered into ESA section 7 informal
consultation and conferencing with the
Fish and Wildlife Service (FWS) and the
National Fisheries Service Services
(NMFS) on June 11, 1997. On November
4, and 26, 1997, EPA completed ESA
informal consultation when NMFS and
FWS provided their respective
concurrences with EPA's finding that
issuance of the CGP was not likely to
adversely affect listed species or critical
habitat. However, the negotiations on
CGP did not consider ongoing
construction projects; i.e., construction
projects which started prior to the
effective date of these permits.
In January, 1998, Region 6 decided to
address ESA certification issues for
ongoing construction projects before
finalizing the permit. In February, 1998,
EPA Region 6 began a supplemental
informal consultation with FWS and
NMFS on language to clarify
requirements for ongoing construction
activity. EPA Region 6 completed ESA
informal section 7 consultation and
conferencing when FWS and NMFS
provided their concurrences that
issuance of these permits is unlikely to
adversely affect listed species or critical
habitat on June 9, and 15, respectively.
With the completion of these
consultations, EPA Region 6 has
reduced the administrative burden
associated with obtaining permit
coverage for ongoing construction
projects for the federal agencies and the
regulated community.
Based on that consultation and in
consideration of comments received on
the June 2, 1997, proposal, EPA has
placed the following conditions in the
permit to protect listed species and
critical habitat (See Part I.B.3.e).
Coverage under the CGP is available for
construction projects only if:
a. The storm water discharges and
storm water discharge- related activities
are not likely to adversely affect listed
species or critical habitat (Part
I.13.3.e.(2)(a)); or
b. Formal or informal consultation
with the Services under section 7 of the
Endangered Species Act (ESA) has been
concluded which addresses the effects
of the applicant's storm water
discharges and storm water discharge -
related activities on listed species and
critical habitat and the consultation
results in either a no jeopardy opinion
or a written concurrence by the
Service(s) on a finding that the
applicant's storm water discharges and
storm water discharge- related activities
are not likely to adversely affect listed
species or critical habitat. A section 7
consultation may occur in the context of
another Federal on (e.g., an ESA section
7 consultation was performed for
issuance of a wetlands dredge and fill
permit for the project, or as part of a
National Environmental Policy Act
[NEPAL review); or
c. The applicant's construction
activities are covered by a permit under
section 10 of the ESA and that permit
addresses the effects of the applicant's
stone water discharges and storm water
discharge - related activities on listed
species and critical habitat (Part
I.B.3.e.(2)(c)); or
d. The applicant's stone water
discharges and storm water discharge -
related activities were already addressed
in another operator's certification of
eligibility under Part 1.11.3.e.(2) (a), (b), or
(c) which included the applicant's
project area. By certifying eligibility
under Part I3.3.e.(2)(d), the applicant
agrees to comply with any measures or
controls upon which the other
operator's certification under Part
I.B. 3.e. (2) (a), (b) or (c) was based.
The CGP requires that applicants
consider effects to listed species and
critical habitat when developing
SWPPPs and require that those plans
include measures, as appropriate, to
protect those resources. Failure by
permittees to abide by measures in the
SWPPPs to protect species and critical
habitat may invalidate permit coverage.
This permit requires all projects
commencing construction after the
effective date of this permit, to follow
the procedures provided in Addendum
A of the permit when applying for
permit coverage. The Director may also
require any existing permittee or
applicant to provide documentation of
eligibility for this permit using the
procedures in Addendum A, where EPA
or the Fish and Wildlife Services
determine that there is a potential
impaction on endangered or threatened
species or a critical habitat. Nothing in
the permit relieves applicants which are
under construction as of the effective
date of this permit of their obligations
they may have to comply with any
requirements of the Endangered Species
Act.
Addendum A contains instructions to
assist permit applicants in making this
inquiry. Those instructions require that
applicants ascertain: (1) If their
construction activities would occur in
critical habitat; (2) whether listed
species are in the project area; and (3)
whether the applicant's storm water
discharges and discharge - related
activities are likely to adversely affect
listed species or critical habitat. If
adverse effects are likely, then
applicants would have to meet one of
the eligibility requirements of Part
I.B.3.e.(2)(b)—(d) (paragraphs b., c., and
d. above) to receive permit coverage.
"Discharge- related activities" include
activities which cause point source
storm water pollutant discharges
including but not limited to excavation,
site development, and other surface
disturbing activities, and measures to
control, reduce or prevent storm water
pollution including the siting,
construction and operation of BMPs.
The "project area" includes:
1. Area(s) on the construction site
where storm water discharges originate
and flow towards the point of discharge
into the receiving waters (this includes
the entire area or areas where
excavation, site development, or other
ground disturbance activities occur),
and the immediate vicinity;
2. Area(s) where storm water
discharges flow from the construction
site to the point of discharge into
receiving waters;
3. Area(s) where stone water from
construction activities discharges into
the receiving waters and the area(s) in
the immediate vicinity of the point of
discharge; and
4. Area(s) where storm water BMPs
will be constructed and operated,
including any area(s) where storm water
flows to and from BMPs.
The project area will vary with the
size and structure of the construction
activity, the nature and quantity of the
storm water discharges, the measures
(including BMPs) to control stone water
runoff, and the type of receiving waters.
Addendum A also contains
information on where to find
information on listed and proposed
species organized by State and county to
assist applicants in determining if
further inquiry is necessary as to
whether listed species are present in the
project area. Applicants can check the
Office of Wastewater Management's
website (http: / /www.epa.gov /owm).
CGP applicants can also get updated
species information for their county by
calling the appropriate FWS or NMFS
office. EPA Region 6 applicants can also
contact the EPA Region 6 Storm Water
Hotline (1- 800 - 245 -6510) for updated
species information.
The CGP also requires that applicants
comply with any conditions imposed
under the eligibility requirements of
Part I.B.3.e.(2)a., b., c., or d. above to
remain eligible for coverage under this
36494 Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices
36496 Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices
"rule" based on the definition of rule in
the Regulatory Flexibility Act. Section
601 of the Regulatory Flexibility Act
defines "rule" to mean any rule for
which an agency publishes a general
notice of proposed rulemaking pursuant
to § 553 of the Administrative Procedure
Act. EPA does not propose to issue
NPDES general permits based on APA
§ 553. Instead, EPA relies on publication
of general permits in the Federal
Register in order to provide "an
opportunity for a hearing" under CWA
§ 402(a), 33 U.S.C. 1342(a). Nonetheless,
EPA has evaluated permitting
alternatives for regulation of storm
water discharges associated with
construction activity. The general
permit that EPA proposes to re -issue
would be virtually the same NPDES
general permit for construction that
many construction operators have used
over the past five years. Furthermore,
general permits provide a more cost and
time efficient alternative for the
regulated community to obtain NPDES
permit coverage than that provided
through individually drafted permits.
B. UMRA Section 203 and the
Construction General Permit
Agencies are required to prepare
small government agency plans under
UMRA § 203 prior to establishing any
regulatory requirement that might
significantly or uniquely affect small
governments. "Regulatory
requirements" might, for example,
include the requirements of these
NPDES general permits for discharges
associated with construction activity,
especially if a municipality sought
coverage under one of the general
permits. EPA envisions that some
municipalities —those with municipal
separate storm sewer systems serving a
population over 100,000 —may elect to
seek coverage under these proposed
general permits. For many
municipalities, however, a permit
application is not required until August
7, 2001, for a storm water discharge
associated with construction activity
where the construction site is owned or
operated by a municipality with a
population of less than 100,000. (See 40
CFR 122.26(e)(1)(ii) and W).
In any event, any such permit
requirements would not significantly
affect small governments because most
State laws already provide for the
control of sedimentation and erosion in
a similar manner as today's general
permit. Permit requirements also would
not uniquely affect small governments
because compliance with the permit's
conditions affects small governments in
the same manner as any other entity
seeking coverage under the permit.
Thus. UMRA § 203 would not apply
VIII. Paperwork Reduction Act
On June 2, 1997, EPA solicited
comments on the proposed revision to
the current Information Collection
Request (ICR) document for this permit
(ICR approved OMB; OMB No. 2040-
0086, expiration, August 31, 1998) to
accommodate the increased information
requirements in the new NOI for the
construction general permit (62 FR
29826). A revised NOI form has been
approved (EPA Form 3510 -9 OMB No.
2040 - 0188.) This revised form is
included in the permit in Addendum C.
EPA estimates an increase in the burden
associated with filling out the NOI form
for the permit due to added
requirements under the Endangered
Species Act. EPA also anticipates a
small increase in the time because of the
requirement to submit an NOT upon
completion of construction activities.
IX. Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601 et seq., a Federal
agency must prepare an initial
regulatory flexibility analysis "for any
proposed rule" for which the agency "is
required by section 553 of [the
Administrative Procedure Act (APA)],
or any other law, to publish general
notice of proposed rulemaking." The
RFA exempts from this requirement any
rule that the issuing agency certifies
"will not, if promulgated, have a
significant economic impact on a
substantial number of small entities."
EPA did not prepare an initial
regulatory flexibility analysis (IRFA) for
the proposed CGP. (Note that in today's
action, EPA is issuing a separate general
permit for each jurisdiction where EPA
issues permits; i.e., in certain States,
Indian Country lands and Federal
facilities within certain States. However,
for purposes of readability, reference is
made to the permits in the singular form
such as "permit" or "CGP" rather than
in plural form.) In the notice of the
proposed permit, EPA explained its
view that issuance of an NPDES general
permit is not subject to rulemaking
requirements, including the requirement
for a general notice of proposed
rulemaking, under APA section 553 or
any other law, and is thus not subject to
the RFA requirement to prepare an
IRFA. Nevertheless, in keeping with
EPA's policy to consider the impact of
its actions on small entities even when
it is not legally required to do so, the
Agency considered the potential impact
of the permit on small entities that
would be eligible for coverage under the
permit. EPA concluded that the permit,
if issued as drafted, would not have a
significant impact on a substantial
number of small entities. EPA based its
conclusion on the fact that the draft
permit was largely the same as the
previous permit issued in 1992 and, to
the extent it differed, provided
dischargers with more flexibility than
that permit allowed.
Some commenters on the proposed
CGP disagreed with EPA's conclusions
that NPDES general permits are not
subject to rulemaking requirements and
that the proposed permit would not
have a significant impact on small
entities. They asserted that the CGP is
subject to rulemaking requirements and
thus the RFA, and that the Agency
should have prepared an IRFA for the
permit.
In light of the comments received,
EPA further considered whether NPDES
general permits are subject to
rulemaking requirements. The Agency
reviewed its previous NPDES general
permitting actions and related
statements in the Federal Register or
elsewhere. This review suggests that the
Agency has generally treated NPDES
general permits effectively as rules,
though at times it has given contrary
indications as to whether these actions
are rules or permits. EPA also reviewed
again the applicable law, including the
CWA, relevant CWA case law and the
APA, as well as the Attorney General's
Manual on the APA (1947). On the basis
of its review, EPA has concluded, as set
forth in the proposal, that NPDES
general permits are permits under the
APA and thus not subject to APA
rulemaking requirements or the RFA.
The APA defines two broad, mutually
exclusive categories of agency action —
"rules" and "orders." Its definition of
"rule" encompasses "an agency
statement of general or particular
applicability and future effect designed
to implement, interpret, or prescribe law
or policy or describing the organization,
procedure, or practice requirements of
an agency * * *" APA section 551(4).
Its definition of "order" is residual: "a
final disposition * * * of an agency in
a matter other than rule making but
including licensing." APA section
551(6) (emphasis added). The APA
defines "license" to "include * * * an
agency permit* * *" APA section
551(8). The APA thus categorizes a
permit as an order, which by the APA's
definition is not a rule.
Section 553 of the APA establishes
"rule making" requirements. The APA
defines rule making as "the agency
process for formulating, amending, or
repealing a rule." APA § 551(5). By its
terms, then, § 553 applies only to
"rules" and not also to "orders," which
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1
This permit and the authorization to
discharge shall expire at midnight, July
7, 2003.
Signed: June 24, 1998.
William B. Hathaway,
Director, Water Quality Protection Division.
NPDES General Permits for Storm
Water Discharges from Construction
Activities
Table of Contents
Part I. Coverage Under this Permit
A. Permit Area
B. Eligibility
C. Obtaining Authorization
D. Terminating Coverage
Part II. Notice of Intent Requirements
A. Deadlines for Notification
B. Contents of Notice of Intent
C. Where to Submit
Part III. Special Conditions, Management
Practices, and Other Non - Numeric
Limitations
A. Prohibition on Non -Storm Water
Discharges
B. Releases in Excess of Reportable
Quantities
C. Spills
D. Discharge Compliance with Water
Quality Standards
E. Responsibilities of Operators
F. Consistency with the Texas Coastal
Management Program
Part N. Storm Water Pollution Prevention
Plans
A. Deadlines for Plan Preparation and
Compliance
B. Signature, Plan Review and Making
Plans Available
C. Keeping Plans Current
D. Contents of Plan
Part V. Retention of Records
A. Documents
B. Accessibility
C. Addresses
Part VI. Standard Permit Conditions
A. Duty to Comply
B. Continuation of the Expired General
Permit
C. Need to Halt or Reduce Activity not a
Defense
D. Duty to Mitigate
E. Duty to Provide Information.
F. Other Information
G. Signatory Requirements
H. Penalties for Falsification of Reports
I. Oil and Hazardous Substance Liability
J. Property Rights
K. Severability
L. Requiring an Individual Permit or an
Alternative General Permit
M. State/Tribal Environmental Laws
N. Proper Operation and Maintenance
0. Inspection and Entry
P. Permit Actions
Part VII. Reopener Clause
Part VIII. Termination of Coverage
A. Notice of Termination
B. Addresses
Part IX. Definitions
Part X. Permit Conditions Applicable to
Specific States, Indian Country Lands, or
Territories
Addenda
A. Endangered Species
B. Historic Properties (Reserved)
C. Notice of Intent (NOD Form
D. Notice of Termintitibn (NOT) Form
Part I. Coverage Under This Permit
A. Permit Area
The permit language is structured as
if it were a single permit, with State,
Indian Country land, or other area -
specific conditions specified in Part X.
Permit coverage is actually provided by
legally separate and distinctly
numbered permits covering each of the
following areas:
Region 6
LARIO * # #I: Indian Country lands in the
State of Louisiana
NMR10 * # # #: The State of New Mexico,
except Indian Country lands
NMR10 * # #I: Indian Country lands in the
State of New Mexico, except Navajo
Reservation Lands and Ute Mountain
Reservation Lands
OKR10 * # #I: Indian Country lands in the
State of Oklahoma
OKR10 * # #F: Oil and Gas Sites in State
of Oklahoma
TXR10 * # # #: The State of Texas, except
Indian Country lands
TXR10 * # #I: Indian Country lands in the
State of Texas
B. Eligibility
1. Permittees are authorized to
discharge pollutants in storm water
runoff associated with construction
activities as defined in 40 CFR
122.26(b) (14) (x) and those construction
site discharges designated by the
Director as needing a storm water
permit under 122.26(a) (1) (v) or under
122.26(a) (9) and 122.26(g)(1)(1).
Discharges identified under Part I.B.3
are excluded from coverage. Any
discharge authorized by a different
NPDES permit may be commingled with
discharges authorized by this permit.
2. This permit also authorizes storm
water discharges from support activities
(e.g., concrete or asphalt batch plants,
equipment staging yards, material
storage areas, excavated material
disposal areas, borrow areas) provided:
a. The support activity is directly
related to a construction site that is
required to have NPDES permit
coverage for discharges of storm water
associated with construction activity;
b. The support activity is not a
commercial operation serving multiple
unrelated construction projects by
different operators, and does not operate
beyond the completion of the
construction activity at the last
construction project it supports; and
c. Appropriate controls and measures
are identified in a storm water pollution
prevention plan covering the discharges
from the support activity areas.
3. Limitations on Coverage
a. Post Construction Discharges. This
permit does not authorize storm water
discharges that originate from the site
after construction activities have been
completed and the site, including any
temporary support activity site, has
undergone final stabilization. Industrial
post - construction storm water
discharges may need to be covered by a
separate NPDES permit.
b. Discharges Mixed with Non -Storm
Water. This permit does not authorize
discharges that are mixed with sources
of non -storm water, other than those
discharges which are identified in Part
III.A.2. or 3. (exceptions to prohibition
on non -storm water discharges) and are
In compliance with Part IV.D.5 (non-
storm water discharges).
c. Discharges Covered by Another
Permit. This permit does not authorize
storm water discharges associated with
construction activity that have been
covered under an individual permit or
required to obtain coverage under an
alternative general permit in accordance
with Part VI.L.
d. Discharges Threatening Water
Quality. This permit does not authorize
storm water discharges from
construction sites that the Director
(EPA) determines will cause, or have
reasonable potential to cause or
contribute to, violations of water quality
standards. Where such determinations
have been made, the Director may notify
the operator(s) that an individual permit
application is necessary in accordance
with Part VI.L. However, the Director
may authorize coverage under this
permit after appropriate controls and
implementation procedures designed to
bring the discharges into compliance
with water quality standards have been
included in the storm water pollution
prevention plan;
e. Storm water discharges and storm
water discharge - related activities that
are not protective of Federally listed
endangered and threatened ( "listed')
species or designated critical habitat
("critical habitat').
(1) For the purposes of complying
with the Part I.B.3.e. eligibility
requirements, "storm water discharge -
related activities" include:
(a) Activities which cause, contribute
to, or result in point source storm water
pollutant discharges, including but not
limited to: excavation, site
development, grading and other surface
disturbance activities; and
(b) Measures to control storm water
including the siting, construction and
operation of best management practices
36500 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
1
1^
meeting one or more of these
conditions.
Part II. Notice of Intent Requirements
A. Deadlines for Notification
L Except as provided in Parts II.A.3,
II.A.4, II.A.5 or II.A.6 below, parties
defined as operators (see definition in
Part D{.N) due to their operational
control over construction plans and
specifications, including the ability to
make modifications to those plans and
specifications, must submit a Notice of
Intent (NOD in accordance with the
requirements of this Part at least two (2)
days prior to the commencement of
construction activities (i.e., the initial
disturbance of soils associated with
clearing, grading, excavation activities,
or other construction activities).
2. Except as provided in Parts II.A.3,
II.A.4, II.A.5 or II.A.6 below, parties
defined as operators (see definition in
Part DC.N) due to their day -to -day
operational control over activities at a
project which are necessary to ensure
compliance with a storm water
pollution prevention plan or other
permit conditions (e.g., general
contractor, erosion control contractor)
must submit a NOI at least two (2) days
prior to commencing work on -site.
3. For storm water discharges from
construction projects where the operator
changes, including instances where an
operator is added after a NOI has been
submitted under Parts II.A.1 or II.A.2,
the new operator must submit a NOI at
least two (2) days before assuming
operational control over site
specifications or commencing work on-
site.
4. Operators are not prohibited from
submitting late NOIs. When a late NOI
is submitted, authorization is only for
discharges that occur after permit
coverage is granted. The Agency
reserves the right to take appropriate
enforcement actions for any
unpermitted activities that may have
occurred between the time construction
commenced and authorization of future
discharges is granted (typically 2 days
after a complete NOI is submitted).
5. Operators of on -going construction
projects as of the effective date of this
permit which received authorization to
discharge for these projects under the
1992 baseline construction general
permit must:
a. Submit a NOI according to Part H.B.
within 90 days of the effective date of
this permit. If the permittee is eligible
to submit a Notice of Termination (e.g.,
construction is finished and final
stabilization has been achieved) before
the 90th day, a new NOI is not required
to be submitted;
b. For the first 90 days from the
effective date of this permit, comply
with the terms and conditions of the
1992 baseline construction general
permit they were previously authorized
under; and
c. Update their storm water pollution
prevention plan to comply with the
requirements of Part IV within 90 days
after the effective date of this permit.
6. Operators of on -going construction
projects as of the effective date of this
permit which did not receive
authorization to discharge for these
projects under the 1992 baseline
construction general permit must:
a. Prepare and comply with an
interim storm water pollution
prevention plan in accordance with the
1992 baseline construction general
permit prior to submitting an NOI;
b. Submit a NOI according to Part II.B;
and
c. Update their storm water pollution
prevention plan to comply with the
requirements of Part IV within 90 days
after the effective date of this permit.
B. Contents of Notice of Intent (NOV
1. Use of Revised NOI Form
The revised NOI form [EPA Form
3510 -91 shall be signed in accordance
with Part VI.G of this permit and shall
include the following information:
a. The name, address, and telephone
number of the operator filing the NOI
for permit coverage;
b. An indication of whether the
operator is a Federal, State, Tribal,
private, or other public entity;
c. The name (or other identifier),
address, county, and latitude /longitude
of the construction project or site;
d. An indication of whether the
project or site is located on Indian
Country lands;
e. Confirmation that a storm water
pollution prevention plan ( SWPPP) has
been developed or will be developed
prior to commencing construction
activities, and that the SWPPP will be
compliant with any applicable local
sediment and erosion control plans.
Copies of SWPPPs or permits should not
be included with the NOI submission;
f. Optional information: the location
where the SWPPP may be viewed and
the name and telephone number of a
contact person for scheduling viewing
times;
g. The name of the receiving water(s);
h. Estimates of project start and
completion dates, and estimates of the
number of acres of the site on which soil
will be disturbed (if less than I acre,
enter "I ");
I. Based on the instructions in
Addendum A, whether any listed or
proposed threatened or endangered
species, or designated critical habitat,
are in proximity to the storm water
discharges or storm water discharge -
related activities to be covered by this
permit;
j. Under which section(s) of Part
I.B.3.e. (Endangered Species) the
applicant is certifying eligibility; and
Note that as of the effective date of
this permit, reporting of information
relating to the preservation of historic
properties has been reserved and is not
required at this time. Such reservation
in no way relieves applicants or
permittees from any otherwise
applicable obligations or liabilities
related to historic preservation under
State, Tribal or local law. After further
discussions between EPA and the
Advisory Council on Historic
Preservation, the Agency may modify
the permit. Any such modification may
affect future Notice of Intent reporting
requirements.
C. Where To Submit
1. NOIs must be signed in accordance
with Part VI.G. and sent to the following
address: Storm Water Notice of Intent
(4203), US EPA, 401 M Street, SW,
Washington, DC 20460.
Part III. Special Conditions,
Management Practices, and Other Non -
Numeric Limitations
A. Prohibition on Non -Storm Water
Discharges
1. Except as provided in Parts I.B.2 or
3 and III.A.2 or 3, all discharges covered
by this permit shall be composed
entirely of storm water associated with
construction activity.
2. Discharges of material other than
storm water that are in compliance with
an NPDES permit (other than this
permit) issued for that discharge may be
discharged or mixed with discharges
authorized by this permit.
3. The following non -storm water
discharges from active construction sites
are authorized by this permit provided
the non -storm water component of the
discharge is in compliance with Part
IV.D.5 (non -storm water discharges):
discharges from fire fighting activities;
fire hydrant flushings; waters used to
wash vehicles where detergents are not
used; water used to control dust in
accordance with Part IV.D.2.c.(2);
potable water sources including
waterline flushings; routine external
building wash down which does not use
detergents; pavement washwaters where
spills or leaks of toxic or hazardous
materials have not occurred (unless all
spilled material has been removed) and
where detergents are not used; air
36502 Federal Register/ 63, No. 128/Monday, July 6, 19 98/Notices
contact the Texas General Land Office's
Coastal Hotline at 1- 800 -85 -BEACH or
access their Internet site at "http: //
red.glo. state .tx.us /res- mgmt/coastal / ".
Information is also available from the
Texas Coastal Coordination Council's
Coastal Permitting Assistance Office at
1- 888 -3- PERMIT or via the Internet at
"http: / /red.glo.state.mus/
coastalpermits/ ".
Part IV. Storm Water Pollution
Prevention Plans
At least one storm water pollution
prevention plan (SWPPP) shall be
developed for each construction project
or site covered by this permit. For more
effective coordination of BMPs and
opportunities for cost sharing, a
cooperative effort by the different
operators at a site to prepare and
participate in a comprehensive SWPPP
is encouraged. Individual operators at a
site may, but are not required, to
develop separate SWPPPs that cover
only their portion of the project
provided reference is made to other
operators at the site. In instances where
there is more than one SWPPP for a site,
coordination must be conducted
between the permittees to ensure the
storm water discharge controls and
other measures are consistent with one
another (e.g., provisions to protect listed
species and critical habitat).
Storm water pollution prevention
plans shall be prepared in accordance
with good engineering practices. The
SWPPP shall identify potential sources
of pollution which may reasonably be
expected to affect the quality of storm
water discharges from the construction
site. The SWPPP shall describe and
ensure the implementation of practices
which will be used to reduce the
pollutants in storm water discharges
associated with construction activity at
the construction site and assure
compliance with the terms and
conditions of this permit.
When developing SWPPPs, applicants
must follow the procedures in
Addendum A of this permit to
determine whether listed endangered or
threatened species or critical habitat
would be affected by the applicant's
storm water discharges or storm water
discharge - related activities. Any
information on whether listed species or
critical habitat are found in proximity to
the construction site must be included
in the SWPPP. Any terms or conditions
that are imposed under the eligibility
requirements of Part I.B.3.e and
Addendum A of this permit to protect
listed species or critical habitat from
storm water discharges or storm water
discharge - related activity must be
incorporated into the SWPPP.
Permittees must implement the
applicable provisions of the SWPPP
required under this part as a condition
of this permit.
A. Deadlines for Plan Preparation and
Compliance
The storm water pollution prevention
plan shall:
1. Be completed prior to the submittal
of an NOI to be covered under this
permit (except as provided in Parts
II.A.5 and II.A.6) updated as
appropriate; and
2. Provide for compliance with the
terms and schedule of the SWPPP
beginning with the initiation of
construction activities.
B. Signature, Plan Review and Making
Plans Available
1. The SWPPP shall be signed in
accordance with Part VI.G, and be
retained on -site at the facility which
generates the storm water discharge in
accordance with Part V (Retention of
Records) of this permit.
2. The permittee shall post a notice
near the main entrance of the
construction site with the following
information:
a. The NPDES permit number for the
project or a copy of the NOI if a permit
number has not yet been assigned;
b. The name and telephone number of
a local contact person;
c. A brief description of the project;
and
d. The location of the SWPPP if the
site is inactive or does not have an on-
site location to store the plan.
If posting this information near a
main entrance is infeasible due to safety
concerns, the notice shall be posted in
a local public building. If the
constriction project is a linear
construction project (e.g., pipeline,
highway, etc.), the notice must be
placed in a publicly accessible location
near where construction is actively
underway and moved as necessary. This
permit does not provide the public with
any right to trespass on a construction
site for any reason, including inspection
of a site; nor does this permit require
that permittees allow members of the
public access to a construction site.
3. The permittee shall make SWPPPs
available upon request to the Director, a
State, Tribal or local agency approving
sediment and erosion plans, grading
plans, or storm water management
plans; local government officials; or the
operator of a municipal separate storm
sewer receiving discharges from the site.
The copy of the SWPPP that is required
to be kept on -site or locally available
must be made available to the Director
for review at the time of an on -site
inspection. Also, in the interest of
public involvement, EPA encourages
permittees to make their SWPPPs
available to the public for viewing
during normal business hours.
4. The Director may notify the
permittee at any time that the SWPPP
does not meet one or more of the
minimum requirements of this Part.
Such notification shall identify those
provision of this permit which are not
being met by the SWPPP as well as
those requiring modification in order to
meet the minimum requirements of this
Part. Within seven ('T) calendar days of
receipt of such notification from the
Director (or as otherwise provided by
the Director), the permittee shall make
the required changes to the SWPPP and
shall submit to the Director a written
certification that the requested changes
have been made. The Director may take
appropriate enforcement action for the
period of time the permittee was
operating under a plan that did not meet
the minimum requirements of this
permit.
C. Keeping Plans Current
The permittee must amend the storm
water pollution prevention plan
whenever:
1. There is a change in design,
construction, operation, or maintenance
which has a significant effect on the
discharge of pollutants to the waters of
the United States which has not been
addressed in the SWPPP; or
2. Inspections or investigations by site
operators, local, State, Tribal or Federal
officials indicate the SWPPP is proving
ineffective in eliminating or
significantly minimizing pollutants
from sources identified under Part
IV.D.1 of this permit, or is otherwise not
achieving the general objectives of
controlling pollutants in storm water
discharges associated with construction
activity.
D. Contents of Plan
The storm water pollution prevention
plan (SWPPP) shall include the
following items:
1. Site Description
Each SWPPP shall provide a
description of potential pollutant
sources and other information as
indicated below:
a. A description of the nature of the
construction activity;
b. A description of the intended
sequence of major activities which
disturb soils for major portions of the
site (e.g., grubbing, excavation, grading,
utilities and infrastructure installation);
c. Estimates of the total area of the site
and the total area of the site that is
36504 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998 /Notices
rock outlet protection, reinforced soil
retaining systems, gabions, and
temporary or permanent sediment
basins. Placement of structural practices
in floodplains should be avoided to the
degree attainable. The installation of
these devices may be subject to section
404 of the CWA.
(a) For common drainage locations
that serve an area with ten (10) or more
acres disturbed at one time, a temporary
(or permanent) sediment basin that
provides storage for a calculated volume
of runoff from a 2 year, 24 hour storm
from each disturbed acre drained, or
equivalent control measures, shall be
provided where attainable until final
stabilization of the site. Where no such
calculation has been performed, a
temporary (or permanent) sediment
basin providing 3,600 cubic feet of
storage per acre drained, or equivalent
control measures, shall be provided
where attainable until final stabilization
of the site. When computing the number
of acres draining into a common
location it is not necessary to include
flows from offsite areas and flows from
onsite areas that are either undisturbed
or have undergone final stabilization
where such flows are diverted around
both the disturbed area and the
sediment basin.
In determining whether installing a
sediment basin is attainable, the
permittee may consider factors such as
site soils, slope, available area on site,
etc. In any event, the permittee must
consider public safety, especially as it
relates to children, as a design factor for
the sediment basin and alternative
sediment controls shall be used where
site limitations would preclude a safe
design. For drainage locations which
serve ten (10) or more disturbed acres at
one time and where a temporary
sediment basin or equivalent controls is
not attainable, smaller sediment basins
and /or sediment traps should be used.
Where neither the sediment basin nor
equivalent controls are attainable due to
site limitations, silt fences, vegetative
buffer strips, or equivalent sediment
controls are required for all down slope
boundaries of the construction area and
for those side slope boundaries deemed
appropriate as dictated by individual
site conditions. EPA encourages the use
of a combination of sediment and
erosion control measures in order to
achieve maximum pollutant removal.
(b) For drainage locations serving less
than 10 acres, smaller sediment basins
and /or sediment traps should be used.
At a minimum, silt fences, vegetative
buffer strips, or equivalent sediment
controls are required for all down slope
boundaries (and for those side slope
boundaries deemed appropriate as
dictated by individual site conditions)
of the construction area unless a
sediment basin providing storage for a
calculated volume of runoff from a 2
year, 24 hour storm or 3,600 cubic feet
of storage per acre drained is provided.
EPA encourages the use of a
combination of sediment and erosion
control measures in order to achieve
maximum pollutant removal.
b. Storm Water Management. A
description of measures that will be
installed during the construction
process to control pollutants in storm
water discharges that will occur after
construction operations have been
completed must be included in the
SWPPP. Structural measures should be
placed on upland soils to the degree
attainable. The installation of these
devices may also require a separate
permit under section 404 of the CWA.
Permittees are only responsible for the
installation and maintenance of storm
water management measures prior to
final stabilization of the site, and are not
responsible for maintenance after storm
water discharges associated with
construction activity have been
eliminated from the site. However, post -
construction storm water BMPs that
discharge pollutants from point sources
once construction is completed may, in
themselves, need authorization under a
separate NPDES permit.
(1) Such practices may include but are
not limited to: storm water detention
structures (including wet ponds); storm
water retention structures; flow
attenuation by use of open vegetated
swales and natural depressions;
infiltration of runoff onsite; and
sequential systems (which combine
several practices). The SWPPP shall
include an explanation of the technical
basis used to select the practices to
control pollution where flows exceed
predevelopment levels.
(2) Velocity dissipation devices shall
be placed at discharge locations and
along the length of any outfall channel
to provide a non - erosive flow velocity
from the structure to a water course so
that the natural physical and biological
characteristics and functions are
maintained and protected (e.g., no
significant changes in the hydrological
regime of the receiving water).
c. Other Controls.
(1) No solid materials, including
building materials, shall be discharged
to waters of the United States, except as
authorized by a permit issued under
section 404 of the CWA.
(2) Off -site vehicle tracking of
sediments and the generation of dust
shall be minimized.
(3) The SWPPP shall be consistent
with applicable State, Tribal and/or
local waste disposal, sanitary sewer or
septic system regulations to the extent
these are located within the permitted
area.
(4) The SWPPP shall include a
description of construction and waste
materials expected to be stored on -site
with updates as appropriate. The
SWPPP shall also include a description
of controls to reduce pollutants from
these materials including storage
practices to minimize exposure of the
materials to storm water, and spill
prevention and response.
(5) The SWPPP shall include a
description of pollutant sources from
areas other than construction (including
storm water discharges from dedicated
asphalt plants and dedicated concrete
plants), and a description of controls
and measures that will be implemented
at those sites to minimize pollutant
discharges.
(6) The SWPPP shall include a
description of measures necessary to
protect listed endangered or threatened
species, or critical habitat, including
any terms or conditions that are
imposed under the eligibility
requirements of Part I.B.3.e(4) of this
permit. Failure to describe and
implement such measures will result in
storm water discharges from
construction activities that are ineligible
for coverage under this permit.
d. Approved State, Tribal or Local
Plans.
(1) Permittees which discharge storm
water associated with construction
activities must ensure their storm water
pollution prevention plan is consistent
with requirements specified in
applicable sediment and erosion site
plans or site permits, or storm water
management site plans, or site permits
approved by State, Tribal or local
officials.
(2) Storm water pollution prevention
plans must be updated as necessary to
remain consistent with any changes
applicable to protecting surface water
resources in sediment and erosion site
plans or site permits, or storm water
management site plans or site permits
approved by State, Tribal or local
officials for which the permittee
receives written notice.
3. Maintenance
All erosion and sediment control
measures and other protective measures
Identified in the SWPPP must be
maintained in effective operating
condition. If site inspections required by
Part IV.D.4. identify BMPs that are not
operating effectively, maintenance shall
be performed before the next anticipated
storm event, or as necessary to maintain
the continued effectiveness of storm
36506 Federal Registe 6 3, No. 128/Monday, July 6, 199 8/Notices
13517) as mandated by the Debt
Collection Improvement Act of 1996 for
inflation on a periodic basis. This rule
allows EPA's penalties to keep pace
with inflation. The Agency is required
to review its penalties at least once
every four years thereafter and to adjust
them as necessary for inflation
according to a specified formula. The
civil and administrative penalties listed
below were adjusted for inflation
starting in 1996.
a. Criminal.
(1) Negligent Violations. The CWA
provides that any person who
negligently violates permit conditions
implementing sections 301, 302, 306,
307, 308, 318, or 405 of the Act is
subject to a fine of not less than $2,500
nor more than $25,000 per day of
violation, or by imprisonment for not
more than I year, or both.
(2) Knowing Violations. The CWA
provides that any person who
knowingly violates permit conditions
implementing sections 301, 302, 306,
307, 308, 318, or 405 of the Act is
subject to a fine of not less than $5,000
nor more than $50,000 per day of
violation, or by imprisonment for not
more than 3 years, or both.
(3) Knowing Endangerment. The CWA
provides that any person who
knowingly violates permit conditions
Implementing sections 301, 302, 306,
307, 308, 318, or 405 of the Act and who
knows at that time that he is placing
another person in imminent danger of
death or serious bodily injury is subject
to a fine of not more than $250,000, or
by imprisonment for not more than 15
years, or both.
(4) False Statement. The CWA
provides that any person who
knowingly makes any false material
statement, representation, or
certification in any application, record,
report, plan, or other document filed or
required to be maintained under the Act
or who knowingly falsifies, tampers
with, or renders inaccurate, any
monitoring device or method required
to be maintained under the Act, shall
upon conviction, be punished by a fine
of not more than $10,000 or by
imprisonment for not more than two
years, or by both. If a conviction is for
a violation committed after a first
conviction of such person under this
paragraph, punishment shall be by a
fine of not more than $20,000 per day
of violation, or by imprisonment of not
more than four years, or by both. (See
section 309.c.4 of the Clean Water Act).
b. Civil Penalties. The CWA provides
that any person who violates a permit
condition implementing sections 301,
302, 306, 307, 308, 318, or 405 of the
Act is subject to a civil penalty not to
exceed $27,500 per day for each
violation.
c. Administrative Penalties. The CWA
provides that any person who violates a
permit condition implementing sections
301, 302, 306, 307, 308, 318, or 405 of
the Act is subject to an administrative
penalty, as follows:
(1) Class I Penalty. Not to exceed
$11,000 per violation nor shall the
maximum amount exceed $27,500.
(2) Class If Penalty. Not to exceed
$11,000 per day for each day during
which the violation continues, nor shall
the maximum amount exceed $137,500.
B. Continuation of the Expired General
Permit
If this permit is not reissued or
replaced prior to the expiration date, it
will be administratively continued in
accordance with the Administrative
Procedures Act and remain in force and
effect. Any permittee who was granted
permit coverage prior to the expiration
date will automatically remain covered
by the continued permit until the earlier
of:
1. Reissuance or replacement of this
permit, at which time the permittee
must comply with the Notice of Intent
conditions of the new permit to
maintain authorization to discharge; or
2. The permittee's submittal of a
Notice of Termination; or
3. Issuance of an individual permit for
the permittee's discharges; or
4. A formal permit decision by the
Director not to reissue this general
permit, at which time the permittee
must seek coverage under an alternative
general permit or an individual permit.
C. Need To Halt or Reduce Activity Not
a Defense
It shall not be a defense for a
permittee in an enforcement action that
it would have been necessary to halt or
reduce the permitted activity in order to
maintain compliance with the
conditions of this permit.
D. Duty To Mitigate
The permittee shall take all
reasonable steps to minimize or prevent
any discharge in violation of this permit
which has a reasonable likelihood of
adversely affecting human health or the
environment.
E. Duty To Provide Information
The permittee shall furnish to the
Director or an authorized representative
of the Director any information which is
requested to determine compliance with
this permit or other information.
F. Other Information
When the permittee becomes aware
that he or she failed to submit any
relevant facts or submitted incorrect
information in the Notice of Intent or in
any other report to the Director, he or
she shall promptly submit such facts or
information.
G. Signatory Requirements
All Notices of Intent, Notices of
Termination, storm water pollution
prevention plans, reports, certifications
or information either submitted to the
Director or the operator of a large or
medium municipal separate storm
sewer system, or that this permit
requires be maintained by the permittee,
shall be signed as follows:
1. All Notices of Intent and Notices of
Termination shall be siggned as follows:
a. For a corporation: by a responsible
corporate officer. For the purpose of this
section, a responsible corporate officer
means: a president, secretary, treasurer,
or vice - president of the corporation in
charge of a principal business function,
or any other person who performs
similar policy or decision - making
functions for the corporation; or the
manager of one or more manufacturing,
production or operating facilities
employing more than 250 persons or
having gross annual sales or
expenditures exceeding $25,000,000 (in
second - quarter 1980 dollars) if authority
to sign documents has been assigned or
delegated to the manager in accordance
with corporate procedures;
b. For a partnership or sole
proprietorship: by a general partner or
the proprietor, respectively; or
c. For a municipality, State, Federal,
or other public agency: by either a
principal executive officer or ranking
elected official. For purposes of this
section, a principal executive officer of
a Federal agency includes (1) the chief
executive officer of the agency, or (2) a
senior executive officer having
responsibility for the overall operations
of a principal geographic unit of the
agency (e.g., Regional Administrators of
EPA).
2. All reports required by this permit
and other information requested by the
Director or authorized representative of
the Director shall be signed by a person
described above or by a duly authorized
representative of that person. A person
Is a duly authorized representative only
if:
a. The authorization is made in
writing by a person described above and
submitted to the Director.
b. 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 manager, operator,
superintendent, or position of
equivalent responsibility or an
36508 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
/
through a municipal separate storm
sewer, an authorized representative of
the municipal owner /operator or the
separate storm sewer receiving the
discharge, upon the presentation of
credentials and other documents as may
be required by law, to:
1. Enter upon the permittee's
premises where a regulated facility or
activity is located or conducted or
where records must be kept under the
conditions of this permit;
2. Have access to and copy at
reasonable times, any records that must
be kept under the conditions of this
permit; and
3. Inspect at reasonable times any
facilities or equipment (including
monitoring and control equipment).
P. Permit Actions
This permit may be modified, revoked
and reissued, or terminated for cause.
The filing of a request by the permittee
for a permit modification, revocation
and relssuance, or termination, or a
notification of planned changes or
anticipated noncompliance does not
stay any permit condition.
Part VII. Reopener Clause
A. If there is evidence indicating that
the storm water discharges authorized
by this permit cause, have the
reasonable potential to cause or
contribute to, a violation of a water
quality standard, the permittee may be
required to obtain an individual permit
or an alternative general permit in
accordance with Part I.0 of this permit,
or the permit may be modified to
include different limitations and /or
requirements.
B. Permit modification or revocation
will be conducted according to 40 CFR
122.62, 122.63, 122.64 and 124.5.
C. EPA may propose a modification to
this permit after further discussions
between the Agency and the Advisory
Council on Historic Preservation for the
protection of historic properties.
Part VIII. Termination of Coverage
A. Notice of Termination
Permittees must submit a completed
Notice of Termination (NOT) that is
signed in accordance with Part VI.G of
this permit when one or more of the
conditions contained in Part I.D.2.
(Terminating Coverage) have been met
at a construction project. The NOT form
found in Addendum D will be used
unless it has been replaced by a revised
version by the Director. The Notice of
Termination shall include the following
information:
1. The NPDES permit number for the
storm water discharge identified by the
Notice of Termination;
2. An indication of whether the storm
water discharges associated with
construction activity have been
eliminated (i.e., regulated discharges of
storm water are being terminated) or the
permittee is no longer an operator at the
site;
3. The name, address and telephone
number of the permittee submitting the
Notice of Termination;
4. The name of the project and street
address (or a description of location if
no street address is available) of the
construction site for which the
notification is submitted;
5. The latitude and longitude of the
construction site; and
6. The following certification, signed
in accordance with Part VI.G (signatory
requirements) of this permit. For
construction projects with more than
one permittee and /or operator, the
permittee need only make this
certification for those portions of the
construction site where the permittee
was authorized under this permit and
not for areas where the permittee was
not an operator:
"I certify under penalty of law that all
storm water discharges associated with
industrial activity from the identified
facility that authorized by a general
permit have been eliminated or that I
am no longer the operator of the facility
or construction site. I understand that
by submitting this notice of termination,
I am no longer authorized to discharge
storm water associated with industrial
activity under this general permit, and
that discharging pollutants in storm
water associated with industrial activity
to waters of the United States is
unlawful under the Clean Water Act
where the discharge is not authorized by
a NPDES permit. I also understand that
the submittal of this Notice of
Termination does not release an
operator from liability for any violations
of this permit or the Clean Water Act."
For the purposes of this certification,
elimination of storm water discharges
associated with construction activity
means that all disturbed soils at the
portion of the construction site where
the operator had control have been
finally stabilized (as defined in Part IX.I)
and temporary erosion and sediment
control measures have been removed or
will be removed at an appropriate time
to ensure final stabilization is
maintained, or that all storm water
discharges associated with construction
activities from the identified site that
are authorized by a NPDES general
permit have otherwise been eliminated
from the portion of the construction site
where the operator had control.
B. Addresses
1. All Notices of Termination, signed
in accordance with Part VI.G of this
permit, are to be submitted using the
form provided by the Director (or a
photocopy thereof), to the address
specified on the NOT form.
Part IX Definitions
A. Best Management Practices
( "BMPs ") means schedules of activities,
prohibitions of practices, maintenance
procedures, and other management
practices to prevent or reduce the
discharge of pollutants to waters of the
United States. BMPs also include
treatment requirements, operating
procedures, and practices to control
plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage
from raw material storage.
B. Control Measure as used in this
permit, refers to any Best Management
Practice or other method used to
prevent or reduce the discharge of
pollutants to waters of the United
States.
C. Commencement of Construction
the initial disturbance of soils
associated with clearing, grading, or
excavating activities or other
construction activities.
D. CWA means the Clean Water Act or
the Federal Water Pollution Control Act,
33 U.S.C. § 1251 et seq.
E. Director means the Regional
Administrator of the Environmental
Protection Agency or an authorized
representative.
F. Discharge when used without
qualification means the "discharge of a
pollutant."
G. Discharge of Storm Water
Associated With Construction Activity
as used in this permit, refers to a
discharge of pollutants in storm water
runoff from areas where soil disturbing
activities (e.g., clearing, grading, or
excavation), construction materials or
equipment storage or maintenance (e.g.,
fill piles, borrow areas, concrete truck
washout, fueling), or other industrial
storm water directly related to the
construction process (e.g., concrete or
asphalt batch plants) are located.
H. Facility or Activity means any
NPDES "point source" or any other
facility or activity (including land or
appurtenances thereto) that is subject to
regulation under the NPDES program.
I. Final Stabilization means that
either:
1. All soil disturbing activities at the
site have been completed and a uniform
(e.g., evenly distributed, without large
bare areas) perennial vegetative cover
with a density of 70% of the native
background vegetative cover for the area
36510 Federal Register/Vo 63, No. 128/Monday, July 6, 1
Water Act jurisdiction remains with
EPA.
Part X. Permit Conditions Applicable to
Specific States and Indian Country
Lands
The provisions of this Part provide
additions to the applicable conditions of
Parts I through IX of this permit to
reflect specific additional conditions
required as part of the State or Tribal
CWA Section 401 certification process.
The additional revisions and
requirements listed below are set forth
in connection with, and only apply to,
the following States and Indian Country
lands.
1. LARIO*# #I: Indian Country Lands in
the State of Louisiana
No additional requirements.
2. NMR10*# # #: The State of New
Mexico, Except Indian Country Lands
No additional requirements.
3. NMRIO*# #I: Indian Country Lands in
the State of New Mexico, Except Navajo
Reservation Lands ( see Region 9) and
Ute Mountain Reservation Lands ( see
Region 8)
a. Pueblo of Isleta. Copies of Notices
of Intent (NOD, Notices of Termination
(NOT), and Storm Water Pollution
Prevention Plans (SWPPPs) must be
submitted to the Pueblo of Isleta's
Environment Department, Water Quality
Pro am.
(1TPart II.C.2 of the permit is added
as follows:
Special NOI Requirements for the
Pueblo of Isleta. NOIs shall also be
submitted to the Pueblo of Isleta's
Environment Department, Water Quality
Program, concurrently with their
submission to EPA at the following
address: Isleta Environment
Department, Water Quality Program,
Pueblo of Isleta, PO Box 1270, Isleta,
New Mexico 87022.
(2) Part VIII.B.2 is added to the permit
as follows:
Special NOI Requirements for the
Pueblo of Isleta. NOTs shall also be
submitted to the Pueblo of Isleta's
Environment Department, Water Quality
Program, concurrently with their
submission to EPA. NOTs are to be sent
to the address given in Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Isleta. Storm water pollution
prevention plans must be submitted to
the Pueblo of Isleta Environment
Department, Water Quality Program, ten
working days prior to commencing the
project on Pueblo of Isleta tribal lands.
SWPPPs are to be sent to the address
given in Part II.C.2.
b. Pueblo of Nambe. Copies of Notices
of Intent (NOT), Notices of Termination
(NOT), and Storm Water Pollution
Prevention Plans (SWPPPs) must be
submitted to the Pueblo of Nambe
Department of Environment and Natural
Resources.
(1) Part II.C.2 is added to the permit
as follows:
Special NOI Requirements for the
Pueblo of Nambe. NOIs shall also be
submitted to the Pueblo of Nambe
Department of Environment and Natural
Resources at the same time they are
submitted to EPA at the following
address: Pueblo of Nambe. Department
of Environment and Natural Resources,
Route 1 Box 11788, Santa Fe, New
Mexico 87501, Phone (505) 455 -2036,
Fax(505)455-2038.
(2) Part VIII.B.2 is added to the permit
as follows:
Special NOT Requirements for the
Pueblo of Nambe. NOTs shall also be
submitted to the Pueblo of Nambe
Department of Environment and Natural
Resources at the same time they are
submitted to EPA. NOTs are to be sent
to the address given in Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Nambe. Storm water pollution
prevention plans must be submitted to
the Pueblo of Nambe Department of
Environment and Natural Resources
before the project on Pueblo of Nambe
tribal lands begins. SWPPPs are to be
sent to the address given in Part II.C.2.
c. Pueblo of Picuris. Copies of Notices
of Intent (NOD, Notices of Termination
(NOT), and Storm Water Pollution
Prevention Plans (SWPPPs) must be
submitted to the Pueblo of Picuris
Environment Department.
(1) Part II.C.2 is added to the permit
as follows:
Special NOI Requirements for the
Pueblo of Picuris. NOIs shall also be
submitted to the Pueblo of Picuris
Environment Department at the same
time they are submitted to EPA at the
following address: Pueblo of Picuris,
Environment Department, P.O. Box 127,
Penasco, New Mexico 87553, Phone
(505) 587 -2519, Fax (505) 587 -1071.
(2) Part VIII.B.2 is added to the permit
as follows:
Special NOT Requirements for the
Pueblo of Picuris. NOTs'shall also be
submitted to the Pueblo of Picuris
Environment Department at the same
time they are submitted to EPA. NOTs
are to be sent to the address given in
Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Picuris. Storm water pollution
prevention plans must be submitted to
the Picuris Environment Department
before the project on Pueblo of Picuris
tribal lands begins. SWPPPs are to be
sent to the address given in Part II.C.2.
d. Pueblo of Pojoaque. Copies of
Notices of Intent (NOD, Notices of
Termination (NOT), and Storm Water
Pollution Prevention Plans (SWPPPs)
must be submitted to the Pueblo of
Pojoaque Environment Department
Director.
(1) Part II.C.2 is added to the permit
as follows:
Special NOI Requirements for the
Pueblo of PoJoaque. NOls shall also be
submitted to the Pueblo of Pojoaque
Environment Department Director at the
same time they are submitted to EPA at
the following address: Pueblo of
Pojoaque, Environment Department,
Route 11, P.O. Box 208, Santa Fe, New
Mexico 87501, Phone (505) 455 -3383,
Fax(505)455-3633.
(2) Part VIII.B.2 of the permit is added
as follows:
Special NOT Requirements for the
Pueblo of Pojoaque. NOTs shall also be
submitted to the Pueblo of Pojoaque
Environment Department Director at the
same time they are submitted to EPA.
NOTs are to be sent to the address given
in Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Pojoaque. Storm water
pollution prevention plans must be
submitted to the Pueblo of Pojoaque
Environment Department Director
before the project on Pueblo of Pojoaque
tribal lands begins. SWPPPs are to be
sent to the address given in Part II.C.2.
e. Pueblo of San Juan. No additional
requirements.
f. Pueblo of Sandia. Copies of Notices
of Intent (NOD, Notices of Termination
(NOT), and Storm Water Pollution
Prevention Plans (SWPPPs) must be
submitted to the Pueblo of Sandia
Environment Department.
(1) Part II.C.2 of the permit is added
as follows:
Special NOI Requirements for the
Pueblo of Sandia. NOIs shall also be
submitted to the Pueblo of Sandia
Environment Department at the same
time they are submitted to EPA at the
following address: Pueblo of Sandia,
Environment Department, Box 6008,
Bemalillo, New Mexico 87004, Phone
(505) 867 -4533; Fax (505) 867 -9235.
36512 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
r
they are protected from potential takings
liability under ESA § 9 by obtaining either an
ESA § 10 permit or by requesting formal
consultation under ESA § 7 (as described in
more detail in Step Seven below). Applicants
who seek protection from takings liability
should be aware that It is possible that some
specific construction activities may be too
unrelated to storm water discharges to be
afforded incidental take coverage through an
ESA § 7 consultation that is performed to
meet the eligibility requirements for CGP
coverage. In such instances, applicants
should apply for an ESA § 10 permit. Where
applicants are not sure whether to pursue a
§ 10 permit or a § 7 consultation for takings
protection, they should confer with the
appropriate Fish and Wildlife Service (FWS)
or National Marine Fisheries Service (NMFS)
office.
This permit provides for the possibility of
multiple permittees at a construction site.
Applicants should be aware that in many
cases they can meet the permit eligibility
requirements by relying on another operator's
certification of eligibility under Part
I.B.3.e.(2)(a), (b), or (c). This is allowed under
Part I.13.3.e.(2)(d) of the permit. However, the
other operator's certification must apply to
the applicant's project area and must address
the effects from the applicant's storm water
discharges and storm water discharge - related
activities on listed species and critical
habitat. By certifying eligibility under Part
I.B.3.e.(2)(d), the applicant agrees to comply
with any measures or controls upon which
the other operator's certification under Part
1.13.3.e.(2)(a), (b) or (c) was based. This
situation will typically occur where a
developer or primary contractor, such as one
for construction of a subdivision or industrial
park, conducts a comprehensive assessment
of effects on listed species and critical habitat
for the entire construction project, certifies
eligibility under Part I.B.3.e.(2)(a), (b) or (c),
and that certification is relied upon by other
operators (i.e., contractors) at the site.
However, applicants that consider relying on
another operator's certification should
carefully review that certification along with
any supporting information. If an applicant
does not believe that the operator's
certification provides adequate coverage for
the applicant's storm water discharges and
storm water discharge- related activities or for
the applicant's particular project area, the
applicant should provide its own
independent certification under Part
I.B.3.e.(2)(a), (b), or (c).
B. Procedures
To receive coverage under the Construction
General Permit, applicants must assess the
potential effects of their storm water
discharges and storm water discharge - related
activities on listed species and their critical
habitat. To make this assessment, applicants
must follow the steps outlined below prior to
completing and submitting Notice of Intent
(NOD form. Applicants who are able to
certify eligibility under Parts I.13.3.e.(2)(b), (c)
or (d) because of a previously issued ESA
§ 10 permit, a previously completed ESA § 7
consultation, or because the applicant's
activities were already addressed In another
operator's certification of eligibility may
proceed directly to Step Six.
Note. —The revised NOI form which was
included in the CGP (see 62 FR 29822 - 29823,
June 2, 1997) requires that applicants provide
detailed certification Information on listed
species. That form is still under development
and is not expected to be finalized before this
permit is issued. Until the revised NOI form
is finalized, applicants must use the existing
NOI form which does not contain the specific
certification provisions relating to listed
species and critical habitats at construction
projects. However, use of the existing NOI
form does not relieve applicants of their
obligation to follow the procedures listed
below to determine if their construction
storm water discharges or storm water
discharge - related activities meet permit
eligibility requirements for the protection of
listed species and critical habitat. By
following these Instructions, applicants will
have sufficient information on listed species
and critical habitat in order to complete
either the existing or revised NOI form and
sign the certification statement.
Step One: Determine If the Construction Site
Is Found Within Designated Critical Habitat
for Listed Species
Some, but not all, listed species have
designated critical habitat. Exact locations of
such habitat is provided in the Service
regulations at 50 CFR Parts 17 and 226. To
determine if their construction site occurs
within designated critical habitat, applicants
should either:
• Contact the nearest Fish and Wildlife
Service (FWS) and National Marine Fisheries
Service (NMFS) Office. A list of FWS and
NMFS offices is found in Section II of this
Addendum; or
• Contact the State or Tribal Natural
Heritage Centers. These centers compile and
disseminate information on Federally listed
and other protected species. They frequently
have the most current information on listed
species and critical habitat. A list of these
centers is provided in Section III of this
Addendum; or
• Review those regulations (which can be
found in many larger libraries).
If the construction site is not located in
designated critical habitat, then the applicant
does not need to consider impacts to critical
habitat when following Steps Two through
Six below. If the site is located within critical
habitat, then the applicant must look at
impacts to critical habitat when following
Steps Two through Six. Note that many but
not all measures imposed to protect listed
species under these steps will also protect
critical habitat. Thus, meeting the eligibility
requirements of this permit may require
measures to protect critical habitat that are
separate from those to protect listed species.
Step Two: Determine if Listed Species Are
Located in the County(Yes) Where the
Construction Activity Will Occur
Section IV of the Addendum contains a
county -by- county list of listed endangered
and threatened species ( "listed species "), and
proposed endangered and threatened species
( "proposed species "). Since the list was
current as of September 1, 1997, applicants
must also check with other sources for
updated species and county information.
These sources include: Sections 11 and III of
this Addendum; EPA's Office of Wastewater
Management's web page at "http: //
www.epa.gov /owm" where updates of the
county-by -county list will be posted on a
periodic basis; Federal Register Notices;
State wildlife protection offices; a biologist or
similar professional in the environmental
field; or any other method which can be
reasonably expected to provide this
information. Applicants with construction
projects located in EPA Region 2 and Region
6 can call the Storm Water General Permits
Hotline at (800) 245 -6510 for further
assistance, while applicants with projects
located in EPA Regions 1, 3, 7, 8, 9 and 10
may contact the appropriate EPA Regional
Office.
Where a facility is located In more than
one county, the lists for all counties should
be reviewed. Where a facility discharges into
a water body which serves as a border
between counties or which crosses a county
line which is in the immediate vicinity of the
point of discharge, applicants should also
review the species list for the county which
lies immediately downstream or is across the
water body from the point of discharge.
After a review of the available information
from the sources mentioned above, if no
listed species are located in a facility's
county or if a facility's county is not listed,
and the construction site is not located in
critical habitat as described under Step One,
an applicant is eligible for CGP coverage
without further inquiry into the presence of,
or effect to, listed species. The applicant
must check the appropriate certification item
on the revised NOI form (Part I.B.3.e.(2)(a)).
Once the applicant has determined which
listed species are located in his or her
facility's county, the applicant must follow
Step Three.
Step Three: Determine If any Federally Listed
Endangered and Threatened Species May Be
Present in the Project Area
The project area consists of:
• The areas on the construction site where
storm water discharges originate and flow
toward the point of discharge into the
receiving waters (including areas where
excavation, site development, or other
ground disturbance activities occur) and the
immediate vicinity.
Example(s)
1. Where bald eagles nest in a tree that is
on or bordering a construction site and could
be disturbed by the construction activity.
2. Where grading causes storm water to
flow into a small wetland or other habitat
that is on the site which contains listed
species.
• The areas where storm water discharges
flow from the construction site to the point
of discharge into receiving waters.
Example(s)
1. Where storm water flows into a ditch,
Swale, or gully which leads to receiving
waters and where listed species (such as
amphibians) are found in the ditch, swale, or
11
�e The areas where storm water from
construction activities discharge Into
receiving waters and the areas in the
immediate vicinity of the point of discharge.
36514 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/ Notices
�1_
Most consultations are accomplished
through informal consultation. By the terms
of this permit. EPA has automatically
designated applicants as non - Federal
representatives for the purpose of conducting
informal consultations. See Part I.B.3.e.(5)
and 50 CFR 402.08 and 402.13. When
conducting informal ESA § 7 consultation as
a non - Federal representative, applicants must
follow the procedures found in 50 CFR 402
of the ESA regulations.
Applicants must also notify EPA and the
Services of their Intention and agreement to
conduct consultation as a non - Federal
representative. Consultation may occur in the
context of another Federal action at the
construction site (e.g., where ESA § 7
consultation was performed for issuance of a
wetlands dredge and fill permit for the
project or where a NEPA review is performed
for the project which incorporates a section
7 consultation). Any terms and conditions
developed through consultations to protect
listed species and critical habitat must be
incorporated into the SWPPP. As noted
above, applicants may, if they wish, initiate
consultation with the Services at Step Five,
Whether ESA § 7 consultation must be
performed with either the FWS, NMFS or
both Services depends on the listed species
which may be affected by the applicant's
activity. In general, NMFS has jurisdiction
over marine, estuarine, and anadromous
species. Applicants should also be aware that
while formal § 7 consultation provides
protection from incidental takings liability,
informal consultation does not.
2. An Incidental Taking Permit Under
Section 10 of the ESA Is Issued for the
Applicants Activity (See Part I.B.3.e.(2)(0)
The applicant's construction activities are
authorized through the issuance of a permit
under § 10 of the ESA and that authorization
addresses the effects of the applicant's storm
water discharge(s) and storm water
discharge- related activities on listed species
and critical habitat. Applicants must follow
FWS and/or NMFS procedures when
applying for an ESA Section 10 permit (see
50 CFR § 17.22(b)(1) (FWS) and § 222.22
(NMFS)). Application instructions for
Section 10 permits for NMFS species can be
obtained by (1) accessing the "Office of
Protected Resources" sector of the NMFS
Home Page at 'http: / /www.nmfs.gov" or by
contacting the National Marine Fisheries
Service, Office of Protected Resources,
Endangered Species Division, F/PR3, 1315
East -West Highway, Silver Spring, Maryland
20910; telephone (301) 713 -1401, fax (301)
713 -0376.
3. The Applicant Is Covered Under the
Eligibility Certification of Another Operator
for the Project Area (See Part I.13.3.e.(2)(d))
The applicant's storm water discharges and
storm water discharge - related activities were
already addressed in another operator's
certification of eligibility under Part
LB.3.e.(2)(b), or (c) which also included the
applicant's project area. By certifying
eligibility under Part I.13.3.e.(2)(d), the
applicant agrees to comply with any
measures or controls upon which the other
operator's certification under Part
I.13.3.e.(2)(a), (b) or (c) was based.
Certification under Part I.13.3.e.(2)(d) is
discussed in more detail in Section I.A. of
this addendum.
The applicant must comply with any terms
and conditions imposed under the eligibility
requirements of paragraphs I.13.3.e(2)(a), (b),
(c), (d) to ensure that its storm water
discharges and storm water discharge- related
activities are protective of listed species and/
or critical habitat. Such terms and conditions
must be incorporated in the project's SWPPP.
If the eligibility requirements of Part
I.13.3.e.(2)(a) -(d) cannot be met, then the
applicant may not receive coverage under the
CGP. Applicants should then consider
applying to EPA for an individual permit.
II. List of Fish and Wildlife Service and
National Marine Fisheries Service Offices
A. U.S. Fish and Wildlife Service Offices
National Website for Endangered Species
Information
Endangered Species Home page: http:H
www.fws.gov/r9endspp/endspp.htmi
Regional, State, Field and Project Offices
USFWS Region Two
Regional Office
Division Chief, Endangered Species, U.S.
Fish and Wildlife Service, ARD Ecological
Services, P.O. Box 1306, Albuquerque, NM
87103
State, Field, and Project Offices (Region Two)
Field Supervisor, U.S. Fish and Wildlife
Service, Corpus Christi Field Office, 6300
Ocean Dr., Campus Box 338, Corpus
Christi, TX 78412
Field Supervisor, U.S. Fish and Wildlife
Service, Arlington Field Office, 711
Stadium Dr., East, Suite 252, Arlington, TX
76011
Field Supervisor, U.S. Fish and Wildlife
Service, Clear Lake Field Office, 17629 El
Camino Real, Suite 211, Houston, TX
77058
Field Supervisor, U.S. Fish and Wildlife
Service, Oklahoma Field Office, 222 S.
Houston, Suite a, Tulsa. OK 74127
Field Supervisor, U.S. Fish and Wildlife
Service, New Mexico Field Office, 2105
Osuna, NE, Albuquerque, NM 87113
Field Supervisor, U.S. Fish and Wildlife
Service, Austin Ecological Serv. Field
Office, 10711 Burnet Road, Suite 200,
Austin, TX 78758
Field Supervisor, U.S. Fish and Wildlife
Service, Arizona State Office, 2321 W.
Royal Palm Road, Suite 103, Phoenix, AZ
85021 -4951
USFWS Region Four
Regional Office
Division Chief, Endangered Species, U.S.
Fish and Wildlife Service, ARD—
Ecological Services, 1875 Century Blvd.,
Suite 200, Atlanta, GA 30345
State, Field, and Project Offices (Region Four)
Field Supervisor, U.S. Fish and Wildlife
Service, Panama City Field Office, 1612
June Avenue, Panama City, FL 32405 -3721
Field Supervisor, U.S. Fish and Wildlife
Service, South Florida Ecosystem Field
Office, 1360 U.S. Hwy 1, #5; P.O. Box 2676,
Vero Beach, FL 32961 -2676
Field Supervisor, U.S. Fish and Wildlife
Service, Caribbean Field Office, P.O. Box
491, Boqueron, PR 00622
Field Supervisor, U.S. Fish and Wildlife
Service, Puerto Rican Parrot Field Office,
P.O. Box 1600, Rio Grande, PR 00745
Field Supervisor, U.S. Fish and Wildlife
Service, Brunswick Field Office, 4270
Norwich Street, Brunswick, GA 31520-
2523
Field Supervisor, U.S. Fish and Wildlife
Service, Jacksonville Field Office, 6620
Southpoint Drive S.. Suite 310,
Jacksonville, FL 32216 -0912
Field Supervisor, U.S. Fish and Wildlife
Service, Charleston Field Office, 217 Ft.
Johnson Road, P.O. Box 12559, Charleston,
SC 29422 -2559
Field Supervisor, U.S. Fish and Wildlife
Service, Clemson F.O., Dept. of Forest
Resources, 261 Lehotsky Hall, Box 341003,
Clemson, SC 29634 -1003
Field Supervisor, U.S. Fish and Wildlife
Service, Raleigh Field Office, P.O. Box
33726, Raleigh, NC 27636 -3726
Field Supervisor, U.S. Fish and Wildlife
Service, Cookeville Field Office, 446 Neal
Street, Cookeville, TN 38501
Field Supervisor, U.S. Fish and Wildlife
Service, Asheville Field Office, 160
Zillicoa Street, Asheville, NC 28801
Field Supervisor, U.S. Fish and Wildlife
Service, Daphne Field Office, P.O. Drawer
1190, Daphne, AL 36526
Field Supervisor, U.S. Fish and Wildlife
Service, Vicksburg Field Office, 2524 S.
Frontage Road, Suite B, Vicksburg, MS
39180 -5269
Field Supervisor, U.S. Fish and Wildlife Svc..
Lafayette Field Office, Brandywine II, Suite
102, 825 Kaliste Saloom Road, Lafayette,
LA 70508
Field Supervisor, U.S. Fish and Wildlife
Service, Jackson Field Office, 6578
Dogwood View Pkwy Suite A, Jackson, MS
39213
B. National Marine Fisheries Service Offices
The National Marine Fisheries Service is
developing a database to provide county and
territorial water (up to three miles offshore)
information on the presence of endangered
and threatened species and critical habitat.
The database is projected to be available to
the public sometime in December 1997. The
database should be found at the "Office of
Protected Resources" site on the NMFS
Homepage at "http: / /www.nmfs.gov ".
Regional and Field Office
Southeast Region
Protective Species Management Branch,
National Marine Fisheries Service,
Southeast Region, 9721 Executive Center
Drive, St. Petersburg, Florida 33702 -2432
III. Natural Heritage Centers
The Natural Heritage Network comprises
85 biodiversity data centers throughout the
Western Hemisphere. These centers collect,
organize, and share data relating to
endangered and threatened species and
habitat. The network was developed to
inform land -use decisions for developers,
36516 Federal Register/Vol. 63, No. 128/Monday, July 6, 1 998/Notices
THIS FORM REPLACES PREVIOUS FORM 3510 -6 (8.98) Form Approved. OMB No.2040.0188
Sea Reverse for Instructions
NPDES
A
untied Stubs Environmental hi � Agency
FORM
E
Notice of Intent (NOI) for Storm Water Discharges Associated with
PA
��,
CONSTRUCTION ACTIVITY Under a NPDES General Permit
Submission of this Notice of Intent constitutes notice that the party Identified In Section I of this form Intends to be authorized by a NPDES permit issued
for storm water discharges associated with construction activity In the StateAndlan Country Land Identified In Section II of this form. Submisson of this Notice
of Intent also constitutes notice that the party Identified in Section I of this form meets the eligibility requirements in Part I.B. of the general permit (Inokudkg
those related to protection of endangered species delan fined through the procedures in Addendum A of the general permlq, understands that continued
authorization to discharge is contingent on maintaining permit sNpibility, and that implementation of the Storm Water Pollution Prevention Plan required under
Part IV of tin general permit will begin at the time the permitiee commences work on the construction project Identified In Sedon 11 below. IN ORDER TO
OBTAIN AUTHORIZATION, ALL INFORMATION REQUESTED MUST BE INCLUDED ON THIS FORM. SEE INSTRUCTIONS ON BACK OF FORM.
1. OwneuiOperator (Applicant) information
Name; I I 11 1 I 11 1 1 I I I 11 1 I I I I 11 1 1 I I I I I I Plane; I I I I I I I I I I
Status of
11 1 1 1 I I I I I I I I I 11 1 1 I I t 11 1 1 1 1 1 1 1 1 1 I OwnedOperator: ❑
Address;
City; I I I I I I I I I I i I I I I I I I I I I I I State: I I Zip Code:
I s the located on Indian
IL ProjectlShe Information
Country Le ds?
I
Project Name: I I I I I I I I 11 1 1 1 I I I I I I I I 11 1 I I I I I I I
Yes E NO El
Project Address/Location: I_ I I 11 1 1 1 1 1 1 1 1 1 1 1 1 I I 11 I 1 1 1 1 1 1 1 1 1 1
W. I I 1 I 1 I 11 I I I I I I I I I I I I I I I I State: W Zip Code:
Latitude: I I I I I I Longitude; I I I I I I I I County: I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Has the Storm Water Pollution Prevention Plan (SWPPP) been prepared? Yes ❑ No ❑
Optional: Address of location of
SWPPP for viewing ❑ Address in Section I above ❑ Address in Section 11 above ❑ Other address (if known) below:
SWPPP Phone:
I I I I I I I I
Address: I I I 1 1 I I I 1 1 I 1 1 1 I I 1 1 I I 1 1 I I I I I 1 1 I I I I I I I
City; I I I I I 1 1 1 i I 11 I I I I I I I I I I I State: I.IJ Zip Code:
Name of Receiving Water: I 1 1 1 1 1 1 I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1
I I I I I I I I I I I I I I I I I I Based on instruction provided in Addendum A of the permit, are
nerd Day rear Month Day Year there arty listed endangered or threatened spades, or designated
Estimated Construction Start Date Estimated Completion Date critical habitat In the project area?
Estimate of area to be disturbed (to nearest acre): I I I 1 I I I Yes ❑ No ❑
Estimate of Likelihood of Discharge (choose only one): I have satisfied permit eligibility with regard to protection of
endangered species through the kKkAted section of Part I.B.3.e.(2)
1. ❑ UnNkely 3. F] Owe per week 5. ❑ Continual of the permit (check one or more bores):
2. ❑ Once per month 4. ❑ Once per day (a) ❑ (b) ❑ (c) ❑ (d) ❑
M. Certification
I cerlily under penalty of law Bet 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 irdormadon submitted. Based on my Inquiry of the person or persons who
manage this system, or Base persons directly responsible for gathering t Information, the Information submitted is, to t beat of my knowledge and
ballet, true, accurate, and complete. I am aware that there are significant penalties for submitting false Information. including the possibility of One and
Imprisonment for knowing violations.
Print Name: 11 1 1 I 1 1 I I I I I I I I I I I I I I I 11 1 1 1 1 1 L Date: 1 1 1 1 I I I
Signature:
EPA Form 3510 -9 replaced 3510.8 (8.98)
36518 Federal Register/Vol, 63, No. 1 28/Monday, Ju ly 6, 1998/Notices
Addendum D —Notice of Termination Form
T �
From the effective date of this permit, permittees are to use the existing Notice of Termination form (EPA Form 3510 -7) contained
in this Addendum until they are instructed by the Director (EPA) to use a revised version. Permittees are to complete, sign and
submit the form In accordance with Part VIII of the permit when terminating permit coverage at a construction project when one
or more or the conditions contained in Part I.D.2 have been met.
THIS FORM RE UWU PRlVOX FORM 3610-7 (6* Form Appwld �y�
FINN am hwbv000m 111111110010 compimft The Form
A """° Wathrom DO rom \�', �� NWtoa d TMrnYntlor d �d wNh• NP�� Pormlt for
FoRaY Seonh WaMr
atamalma Nola d Tww& eonOXWOUaaatotbatiwlw = # 'svno�EO b wrm mar 904~71001 MUST
m@oaWWd wHh kdu*W edift ur4wa» NFOEa popram ALL
1. Parma Irio nrran
NPDEa 81onn Wwr C Hem It You w No Longer Check Hem It the Sbmt Water
um
Ggmd Pan, Number. I I w psrabrdwFaclltY. WAchalpsisSMngTWrtitatad
A. Faoft OParabr btlottrtsdon
Flrt� I I Phone: l I I - . L J
Addrow l . a I
uJ S I nP Coda: L '
III. FarAlpdalla Locadon Inbmwllon
Now I I
I
Address: l
CIIF I stow. W ZIP cods: I I
Laanda: 11 I t l t l Lanpa w t t l t l l Cavite. W Secom W Toamhp: I-- r--` —I . Ri �J
clergy under MWv that M Storm WOW �N1
mod apg wish MuMa1 aoYW1Y from tlM Wanwlad rdlb tlwt wa
IV. Collift"M 1 o
auewdsod ppyy a NPD6a oral ha bean ekninwd w tlW I wn no wrgar IM ePwabr d Ma raAlly or oarwt s I M
WlbtttlldttY Mh Nola d wT u4I M no brgw aupwdzad b dadw99 storm Wabr associated wall indwbW aeYNIY
dtW dadtnYUtp pdaAads h tnorrrt vests aanowdrrattttW aAat irldtnblM adNigr b waWS d Uta tmuw states n tatrMd tadw Uw past WatW Act wtw
�t p byaNPDESp wt Wab Ap Ma rl
. w dWa NoSadTWminal OmnotraN anolo ban
Pdm Nam.: 1--1 L1_.l_1__4_.1 A , OW:
inaaueaon. for GMON np Notice of T.m wamm (NOT) Farm
Who MW FRa a Holes of Twoko on OM Feat Wow a WPM NOT Faint
panels"tdw etaprwwdy euwWandW w WA4rrwd NMIarIPd4ra 63140"lanuaw awubm"addaaa:
ardaw OndrYen eyatan OVOM Gaga) Pon Yl ftwsrdop the Iaaa tHamwatW Ndka dTsmatatlon (4M tAAFaador Pamay for armWawr O�IwPa AaaodWdwlN YlduaaW Ac" 401 Y NOR . &W.
lnay a h a N aaaa d a
lag, Tamw OKM Iam1 wow tba ISM" M WW
VO Main ml mWAmaw at 40 CFr112P.21"1!), W when Nay M no�wttprrh Wawtppn, OC 20M
aw epwovol M bomW& Compee" aw Fans
FW eanoodke a*AU^ aM* Wn of a1 Mant wiaw dutooll a 0000110d
wYh Model aotbay aataw when daoWad ads M Ow ea "auual ab have Typo �1a 2ta m in me A ppw rw wou Man
hart Gray aatbHWd and baVaW salon and aadYnra Owed ON Som Pty
hm ban nawrad W WIN be wnwvad M an appwpdala W1w. a aad aA doml pr nanr Wolft d b L e n an a pow for p m arks irrn. Ilan aNNa 1 dL*
a arwatprmllMwoawaMa hwn WmYwad. FEW YwntaaP^'a� IYatt hm any Pwtiww So" IM Man. wwWww aw
me Sulnedowl b aaalhMbn mM1w NM a1 aabdaoobbV scovo a W M am have ban Noaoadhaart PwpwaMtp CrMrr. 0314M
aarea," and NM •unaaln panl.aMwgawara aolwradll a danaYyd 711%4
aw ewer br upaaad ar &W craw nal a a1Pa e at a tN InNt ww Ib
bean aawhrlwd, or OWOVWW part " M rriPtoyaa
uaad 1rap,9aatatr, a.obwbal
EPAFara aata -7 n'M1
APPENDIX B
List of Hazardous Substances and Reportable Quantities
i N
TABS 1I1.3—RBPACRD%UE QU*JUMM
CF HAZAM SuB6PN33S DM
jCr , %MM ptj:iSL)Wr7OSEcnCN3II CF
-n-P_CLEANWjATMACr
NCB The f irst num un the column
headed "RQ** is the reportable quantity In
poun The number In parentheses is the
metric e In kilograms. For conven-
ience, the table contains a column headed
"Category" which lists the code letters 'W'.
.. ..B.. "C" and "D" associated with re-
portable 4uantities of 1. 10. 100. IOW. and SM
pounds. respectively.
T.66E 117.3 _ Rgq3:tloaEaLW4ffTMRSCF H Az a F ozLsSLespt.CMD833 , 03MPURSJ*rlO
. . Se=r4CH311 CF
RO IN P%nft
le�
C
D
AMMUMV,ft ___
Awfic scid — __
D
AC K, & ,& q djje __
A
Ao"WO rivolvedim
A WW"b3
D
dAvide
x
AaaWn
5
Aaybnwk
D
ACWC acid
x
A"M
O c
AIV stand
A*A093nde
Akgm suits
AMr4r;a
A MMONUM &came ___----------- -------
0_
Ammorium benzoale
D___
Anvwn billebor-M,
A __
Aavr4N.jm biav&mate B___
Amnwn Wkwide D__-__
Armw -Jm bisL"* — -- — ----------
D
Ammor�L" C&fbBfn&tG
AMM06KM C&fbwaw
AMMW*an ChWide A
Aftffi*(*an chmmMe
^ cKrMe dbaec
484
RO IN P%nft
le�
Environmental Protection Agency
§117.3
T,aaE117.3—RBzOW 5 (LEOU*MMMCF HAZWCO-BSUmrx.CMDEBC?,AIEDPLF43- � W'TO
Se=xH311 CF•n-ECLsq4VVA
MSWW
1 '
Am4rium IuObw*W
A karift
Alrwlli a hrd,11ift
AIIIn 114111"
A, W"
Amwka VAW
Amwniurr WWW
Affwwi ti cyr is
Amok VbCdO
Aawk ~de
sent UM
Beftwaft
Serazoyl d"f-ft
eenr d"ide
seq d4wift
EWAM FAdft
s fAMIC
" scstw
swywr.kw
nsw Owugme
B,Ayek Wid
C a*m borrift ---- -------------------
Catium WswM
Cakk,n ChW1,94
cowum cymide
Gjdan dodoql�enesug0r"
Cakk"
Clow
carb"
C,d daft
Careen ioachbfut ------- — ----------
ChWdaft — ------------ — -------
ChI06M — — ---------------------
CNOMbKo"
ChbM(wM
ChbMVAVnC
C�Jc se"O — — --------------
Clwwnk add
Cr.MaK SW44C — — -------------- — ----------
C& dWWe — -------------
Ccbak� bmrrjde
C4bakftd bMW
c4balfts suftmat*
CowMaphW — --------------
crew -------------
-----------
C'Mmift — ----------- -----------
cwic sotsld -------------- -------------------------
C,P,k K4losrse"* ------------ ----- — ---------
C,Vft (hlolids
C'VC IWMW -------------
485
M
ft
D
0
B
C
c
C
C
X
X
X
X
X
A
A
C
X
X
c
A
D
A
A
A
X
x
A
A
A
C -----------
A
A
B
----------
A
A
C
x -----------
A ------------
C
C
C ---- -----
C --------- -
B - --------- ----
.......... ...
A
1.000(454)
1,000 (45A)
1 (454)
I.OM (45
10 (4.U)
100(45.41
100(45.4)
100(45.4)
I(G.464)
10 f4.w
100 (AS.4)
RD In pouts I
§ 117.3
40 CFR Ch. 1 (7-1-97 Edition)
117.3 -�Io
TAME _RGIDWaj.-QU*UMEBCFHA7AcccLr-SUBSPNM�-DR,13*�IEDPU4c
Se=ncN311 cF:m,-ECLEMWAMRACF—COntkwed
C cambte
C sulaw
CWic suesm. wwwimed
cw& towsw
C Chbrde
- --
2!-0 cid
2.44) EMa
VOT
OCSROB
D e - ra
DChbm
Ddftobaltmne
DCMW*PMP@fb0
22OCNoropoOQrK Bed
ochbrvm
pielOyWnirr
Dmivok*�
D j*W
Doclecybermer"uVork
Erdo"arl
EMAn
EpkhWohydM
Ev�ftftl�rriird
Eft*m6affaare.wrawAOjc scid (EOTA) — -- — -------
Em ro d&11-1de
Ear w dich W
Ferric smmorjun GAMIC
Ferric OMMOMM Ox3Wd
FlIt chbrift
Ferric fk4lido
Ferric MISIO
Ferric SL41814
Ferrous Smnwium SLOSW
reno� dkdde
Fgnaa stmals
Fcnnawry
Famic SCM -------
FLW686C acid
Fwiurat --- -------
GArmon
wptadjw ----------------------------
V
HydwjO*cic 06d — --------------
Hy*oowcWc acid
Hr&oge. cys,,40 ------------------- *-.
mr4ragen sor4e — ------- --
l,op,m
Kepone
Lead 800taW
Lw,d &norMe — -- — --------------------
Lr4d Chbride
Lead— - — — — — ------------------
Lead 1wride
Lead bdide — ------
Lead
Lead St*&(*W ---------------------------------------
Lead Stmade ----------- — ------ —*----"*'**
Fal
A --------
A
C
x
x
C
x
C
A
X
B_— ,
C
A
C
x
B----
C
x
x
A
C
X --------- —
C
C
C
C -----------
C
C — ---------
C — ------
X
x --------------
A ..............
0
A
------------
C
x -- - -- ---
_.
A
x
A
A
A
A
A
A
A
RO in pour4s PAvraft)
6.0m (2.7m
5.000 (2270)
1 (CASA)
i (OASA)
10(4.s4)
S.ow (2270)
100(4s.4)
10 (434)
100 (ASAJ
loo (45,A)
1.000 145
1(0.454)
JO (4-U)
l(O.454)
f0 µ3q
10(4.s4)
10 (4.54)
10(d.64)
10 j4.54)
to (4.54)
10 (4.54)
Environmental Protection Agency
§117.3
TpaE117.3—RBq3IWre OUVV71M C3=KAZWCasSuaSpN3mDEEIGV,�PLF6LPWIO
Se=)0N311 crjj..ECLS4NWA1E2ACp—ConUnued
11�
Maamial
Category
FtQ h pounds (Lilopam)
A
10(4.64)
Lead "do
A
10(4.64)
t,.d thbqI"w
X
I (
tkvftm
A
10.(4M)
LjIt'j Ct
100 (45.4)
wwww
&OW (UTO)
M&WC W3d
4000 (21701
Malay wftddft
A
10(4.64)
X
I MA54)
U#wJftCVs
A
100-
14iiwi;aNk rifle ......
10(4.64)
Merawk suffaft
A
10(4.541
M410011 Wiliaqw."s
A
10 (
Mercums farm
X
1 1M5)
MW"Ydftr
B
100(45-4)
L,ii *
C
1�= (454)
M awswrywe
Md" PMW-n
6--
A —
100 145.4) )
10(
&4
C
Ij= (454)
NO (45.4)
100 (4&4)
A
10(
Halod
a
100(45.4)
7
100 (45.4)
scid
100 (45.4)
N' iiimmoiriuna MAJ146
JOO (45A)
Ni" CNOMO
A
101
KIkW h0,d,0140
M (45.4)
Nkkd rArSOA
100 (4&4)
WAS saaft
C
1.000(454)
MiLIC sw
1 (454)
Hillt�
I (4 4 M S. ) 4)
"kiggen
Nitiophend (MbUld)
C
(
Nkfolok,4341,11
C
1.000
—1
A
10(4
S4)
parlitkiom
A
5 4
p
C ----------
1.000(454)
prw"W
A --
10 (4 .54)
Phoso l"I'il
()
5.00012
Ph*spho& add
X
1(0.454)
C
1.000(454)
p ori d4ofift
6
100 145A)
PrMowuis Pimuuiulrdt
Proiiphnns trkhblidd
X _ ......
I(G-464)
F1,11110cie"MW hiphlIqU ---------
X
I (OA54)
Pouissium WBW.M -----------
X i (O.AU)
A
10(4.54)
p billWMI
A
10 1 341
Potassium dww"We
A 10143)
Fko4iwiwiiuM Cystfift
J.000 (454)
p, ",ide ------- ----------
100 (45A)
p o t ;ixig ,k x m penrOV26VA
A ------------
JO J4.54)
propw9m
D
s,000 (2270)
pmpbrk acid
0 ---------- I.-
5.000 (2.270)
p &171360e ------------------ — -------
8
J00 (45.4)
p o xide
X
J(O.4S4)
"hrim - -- - - - - -- -
— --------
5.000 (2.270)
Quirlolift ---------------------
5.000 (2270)
PA$Omiw ---------------------- 11-----.----------.---.------
—
A
10 (
S oxide — --------- * ------
X
I tO.454)
SaNw rAMC
.54
S
X
I (0.45A)
Sodium Wlillmift
I (0.454)
s od i um INW Ilik -------------- —
A
10(454)
sodium t ------------------------------------
a
100 (45.A)
Sodium billuOrWe
0
5.000 (2270)
Sodium bisuNde -------------------------------------------
-- ----------------
10(4—',4)
Sodium crd*"@ ------------------------- -----------
A
10(4
4)
Sodxum CYW%i& -------
C
1.000 (AW
Sodium doftcylbentsmsulDfAw
1.000 1 541
Sodium k0fift — ------ —
— — ---------------
487
5117.3
40 CFR Ch. 1 (7-1-97 MOO
'r
Ss=CN311 cF-WECLs*NWmmAcP-Continued
s,& NdRawme
Sockm hydmde
s,& t
SO&M nvm
S*ceM phaphaft dbUk
S,Su o"Phow: mb's;c
SO&"
SwwtWm dv*WAW
Swydw"
SVWW
suludc
&OW wAnwmmwe
2.4A-T sew
Z4.&T wires
2.4A-T OSWS
2A-I-T Sab
TUE
2.4.&TP wed
2.4.54P MA ftlers
Tdraatw 1w
Twoolloi Proompmfe
Tha Suva@
Tehran
Taxophem
Tfwdodw
UtleaeaaM�>s
T&hImpheral
T&rwoW*w dod-c b
UVVI WAM*
Umv laraw
V suftte
voy actwo
vtvrdL—Chio&
Xftm (n*-*d)
X)ienol
Zwowtam
Z vo amrAm dftede
Z M bW — -------
CarbonMt
Zrccwew
znt
Xmc h
Zrrc P h eno b,#"w -------------- -----
ZMC ptsphide ------- -------
Zi &Mae ---------------- --
--- --- - -----
zma PYA"s bArde --------
Zrwilun
ISO FR 11513• Apr. 4. 1985• as amended 8 t 51 FR 34547. Sept. 29.1906: 54 FR 33482, Aug. 14. 1909:
58 FR 35327• June 30. 1993: 60 FR 30937. June 12. 19951
488
0 --- 5
c
C
A
A
c ._ - - -
c
c
c
c
A
A
9 ---
c
C
B
c
c — -----
0 — --------
c
c
c
c
C
c ----------
c
c
c
c ------
D
D
c -----
APPENDIX C
Notice of Intent and Notice of Termination
APPENDIX D
Representative Authorization Form Letter
MOM
"Director"
US EPA Region 6
1445 Ross Ave., Suite 1200 (6EN -W)
Dallas, Texas 75202 -2733
Re:
NPDES Storm Water General Permit No._
Delegating an "Authorized Representative"
Dear Director:
This letter serves to designate either a person or specifically described position as an authorized person for
signing reports, storm water pollution prevention plans, certifications or other information requested by the
Director or required by the permit. This authorization cannot be used for signing an NPDES permit
application (e.g. Notice of Intent (NOI)) in accordance with 40 CFR 122.22. The following person or position
is herby authorized to sign reports, plans or certifications other than the NOI application:
By signing this authorization, I confirm that I meet the following requirements to make such a designation as
set forth in either Part VI.G.I of the Construction general permit [63 Fed Rees, 36506] or Part 9.7 of the Multi-
Sector general permit [65 Fed Reg 64747- 64880].
For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: a
president, secretary, treasurer, or vice - president of the corporation in charge of a principal business function or any other
person who performs similar policy or decision making functions for the corporation; or the manager of one or more
manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or
expenditures exceeding $25,000,000 (in second quarter 1980 dollars) if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
For a municipality, State, Federal or other public agency: by either a principal executive officer or ranking elected official. For
purpose of this section, a principal executive officer of a Federal agency includes (1) the chief executive officer of the agency,
or (2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g.
Regional Administrators of EPA).
"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 gathered and
evaluated the information submitted. Based on my inquiry of the person or 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."
Name
Title
Date
APPENDIX E
Endangered Species and Historic Places Information
r—
Ruby Rd @ S. Coppell Road
RUBY ROAD REALIGNMENT
Dallas, Dallas County, Texas
November 27, 2002
PK No.: 2052 - 02.048
Re: HISTORIC PLACES IMPACT EVALUATION
J' Dallas, Dallas County, Texas
To Whom It May Concern:
A query of the records kept by the National Register of Historic Places was run to find
out what properties were listed in Dallas County. After reviewing this query and the
addresses of each, it is our opinion that this project poses no threat to any historic place
listed with the National Register. A listing of the query run has been included with this
plan.
Sincerely,
even A. Markussen, P.E.
Operator's Certification Statement:
1 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
gathered and evaluated the information submitted. Based on my inquiry of the person or persons who
manage the system, or those directly responsible for gathering 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.
Signed:
Dated:
SAM /slt
2052 -298
November 27, 2002
PK No.: 2052 - 02.048
Ruby Road @ S. Coppell Road
RUBY ROAD REALIGNMENT
Coppell, Dallas, County, State
Re: ENDANGERED SPECIES EVALUATION
J' Dallas, Dallas County, Texas
To Whom It May Concern:
An inspection of the project area was conducted by Geo Marine, to determine if there
were any listed endangered species living, nesting or breeding within these limits and to
determine if the project would impact the critical habitat of listed species. Based on the
information gathered on this inspection and from information provided by the U.S.
Department of the Interior's endangered species list it is our opinion that this project
poses no threat to any endangered species or critical habitat as of the commencement
of the project. A list of the listed species for Dallas County as well as a description of the
species has been included with this plan.
Sincerely,
even A. Markussen, P.E.
Operator's Certification Statement:
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
gathered and evaluated the information submitted. Based on my inquiry of the person or persons who
manage the system, or those directly responsible for gathering 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.
Signed:
Dated:
SAM /slt
2052 -298
APPENDIX F
Grading and Stabilization Record
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APPENDIX G
Storm Water Pollution Updates
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APPENDIX H
Storm Water Pollution Team Member
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REESTABLISH EXISTING
GRASS IN THE AREA
THAT IS CUT
POLLUTION CONTROL GENERAL NOTES;
{ 1. THIS PLAN HAS BEEN PREPARED TO PROVIDE MEANS TO PREVENT OR MINIMIZE
{ POLLUTION OF STORM WATER.
2. THE CONSTRUCTION ACTIVITY INCLUDED IN THIS PLAN WILL INCLUDE:
A. CLEARING AND GRUBBING
SS RIM 514.23 B. ROUGH GRADING
MH FL - -- _ _ C. FINAL GRADING
SICN D. UTILITY INSTALLATION
LS E. PAVEMENT INSTALLATION
s >' 3. THE TOTAL ESTIMATED LAND AREA TO BE DISTURBED IS 5.5 ACRE.
RM 514
-51 FL;.509'.7 5. ` 4. THE ESTIMATED RUNOFF COEFFICIENT UPON COMPLETION OF THE PROJECT IS 90%.
' `
ELEC. MTR 5. THE STORM WATER EXITING THE SITE IS COLLECTED IN AN EXISTING DRAINAGE SYSTEM
MAINTAINED BY THE CITY OF COPPELL, TEXAS.
BM 4 6. THE SOILS ON THE SITE ARE GENERALLY EXPANSIVE CLAYS.
{ 7. THE CONTRACTOR SHALL PROVIDE AND MAINTAIN EROSION PROTECTION AROUND THE WORK
AREA PERIMETER AND AT ALL INLET MOUTHS PRIOR TO COMMENCING WORK AND UNTIL
{ THE WORK AREA HAS BEEN STABILIZED.
8. THE CONTRACTOR WILL REMOVE ALL EXCESS SOIL FROM CONSTRUCTION VEHICLES PRIOR
TO EXITING THE SITE.
9. ALL DISTURBED AREAS WHICH WILL NOT BE RE- DISTURBED FOR A MINIMUM OF 21 DAYS
o MUST BE STABILIZED BY THE CONTRACTOR TO CONTROL EROSION.
N
o M{ 10. THE CONTRACTOR SHALL UNDERTAKE PROPER METHODS TO REDUCE DUST GENERATION FROM
M1 THE SITE.
11. THE CONTRACTOR MUST COMPLY WITH FEDERAL, STATE AND LOCAL REGULATIONS
REGARDING SEDIMENT AND EROSION CONTROL.
12. A COPY OF THIS PLAN MUST BE KEPT AT THE CONSTRUCTION FACILITY DURING THE
ENTIRE CONSTRUCTION PERIOD.
13. CONSTRUCTION SEQUENCING MUST PROVIDE FOR THE EXCAVA11ON OF AN ON -SITE BASIN
AS A SEDIMENT COLLECTION BASIN PRIOR TO THE DISTURBANCE OF GREATER THAN 10
ACRES OF LAND,
14. ALL FINISHED GRADES ARE TO BE HYDROMULCHED, SPOT SODDED OR SEEDED AND
WATERED UNTIL GROWTH IS ESTABLISHED ON AND OFF -SITE.
15. A PIT OR WASH OUT BASIN SHALL BE CONSTRUCTED ON -SITE BY THE CONTRACTOR FOR
THE "WASH OUT" OF CONCRETE TRUCKS.
16. A BERM OR OTHER SPILL PROTECTION MEASURE SHALL BE USED FOR ANY TEMPORARY
FUEL STORAGE TANK ON SITE.
17. IF "SUMP" PUMPS ARE USED TO REMOVE WATER FROM EXCAVATED AREAS, FILTER THE
DISCHARGE TO REMOVE SEDIMENT AND OTHER POLLUTANTS BEFORE THE WATER LEAVES
THE SITE.
18. TO PREVENT DAMAGE TO VEGETATION IN DOWNSTREAM WATER COURSES, LIMIT ANY
PROPOSED LIME STABILIZATION OPERATIONS TO THAT WHICH CAN BE MIXED AND
COMPACTED BY THE END OF EACH WORK DAY. GEOTEXTILE FABRIC IS NOT EFFECTIVE IN
FILTERING LIME SINCE THE GRAIN SIZE IS SMALLER THAN THE OPENING IN THE
FABRIC.
19. VEHICLE PARKING AREAS, STAGING AREAS, STOCKPILES, SPOILS, ETC. SHALL BE
LOCATED SUCH THAT THEY WILL NOT ADVERSELY AFFECT STORM WATER QUALITY(,
OTHERWISE, COVERING OR ENCIRCLING THE AREAS WITH PROTECTIVE MEASURES SHALL
BE NECESSARY.
20. STORE ALL TRASH AND BUILDING MATERIALS WASTE IN AN ENCLOSURE UNTIL PROPER
DISPOSAL AT OFF -SITE FACILITIES.
WIRE MESH BACKING SUPPORT
04 X WI.4 X WI.4 MIN. ALLOWABLE
TYP. CHAIN LINK FENCE FABRIC
IS ACCEPTABLE
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/-ANCHOR FABRIC IN 6"x8"
/ TRENCH. BACKFILL do COMPACT
FLOW /'EXIST. GROUND
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NOT TO' SCALE
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THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHORIZED BY JAMES A. KOCH, JR. P.E. 62218 ON
10/04/02. `ALTERATION OF A SEALED DOCUMENT
WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE
ENGINEER IS AN OFFENSE UNDER THE TEXAS
ENGINEERING PRACTICE ACT.
PAVEMENT --' FABRIC
PLAN
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GRAPHIC SCALE IN FEET
---- PROPERTY LINE
—x x— FENCE
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SANDBAG
GEOTE."LE INLET
FABRIC
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PROTECTION "C'*
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