ADEM Construction Permits

heehawultraΜηχανική

22 Φεβ 2014 (πριν από 3 χρόνια και 3 μήνες)

66 εμφανίσεις

adem.alabama.gov

Association of County Commissions of Alabama

Annual Legislative Conference

December 2, 2010


Vernon H. “Chip” Crockett, P.E.


Chief of Stormwater Management Branch

Water Division

Alabama Department of Environmental Management

Update

on

ADEM Construction Permits

Construction Stormwater


Effluent Limit
Guidelines for
Turbidity



Transition from
Permit
-
By
-
Rule to
a General Permit

Alabama Is A Water
-
Rich
State


77,242 miles of rivers/streams


Number 1 in Nation


490,472 acres of
ponds/lakes/reservoirs


610 square miles of


estuaries


3,600,000 acres of


freshwater wetlands


27,600 acres of


coastal wetlands


Overview


Construction site discharges regulated
through National Pollutant Discharge
Elimination System (NPDES)



Alabama “Permit
-
by
-
Rule” System since 2003



All construction sites disturbing 1 or more
acres of land are required to obtain permits


Stand
-
alone projects


Projects that are part of a common plan of development or sale


Program Implementation


ADEM’s Field Operations Division


Field Compliance Monitoring


Live Inspections


Aerial Surveillance


Warnings and Violation Notices


ADEM’s Water Division


Program Administration


Registrations


Desk Compliance


Administrative Enforcement


(Administrative Orders; Litigation, etc.)


adem.alabama.gov

Program Overview


Registration


Construction Best Management Practices
Plan (CBMPP) Development and
Implementation


Inspections and Maintenance


Recordkeeping and Reporting


Compliance Issues


Failure to register


Expired registrations


Poorly maintained
controls


Misuse of controls


Poorly designed
controls

If can’t control it, don’t disturb it!

Transition to General Permit


Keep the program
focused on what
matters



Implement
needed revisions



Implement new
requirements
promulgated

New Rules from EPA


EPA must periodically identify industries for
regulation (304(m))


EPA selected C&D industry in 2000


Proposed rule in 2002


Withdrawal of proposal in 2004


Litigated by environmental groups and states


Court found EPA has a mandatory duty to issue
ELGs identified in 304m


Court ordered deadlines


December 1, 2008 proposal


December 1, 2009 final rule

Non
-
Numeric Requirements


Erosion and
Sediment Controls


Soil Stabilization


Pollution Prevention
Measures


Prohibited
Discharges


Surface Outlets

Photos courtesy of USGS
and Dane County, WI

Surface Outlets


When discharging
from basins and
impoundments,
utilize outlet
structures that
withdraw water from
the surface, unless
infeasible.


Skimmer


Weir


Flashboard riser

Photo courtesy of
http://www.fairclothskimmer.com/index.html

Turbidity Limitation and Monitoring


280 NTU Daily Average Limit


Monitoring frequency and protocol left up
to the States


Stayed

Status of ELG Rule


Immediately,

EPA is sued by multiple parties in
the 7
th

Circuit Court of Appeals.


June 2010; petition for administrative reconsideration


August

2010; EPA files a motion for partial remand rule


Concedes errors in calculation of the ELG


Court remands the case to EPA for “further proceedings” but
does not vacate rule


November 2010, EPA promulgates a stay of the ELG,
effective January 4, 2011


December 2010, EPA expects to propose a revised ELG
with a projected effective date in May 2011

Schedule for Construction
General Permit


May / June 2010


Informal review by and discussion with EPA.


July 2010


Released working draft / launch website


August / September 2010


Workshops in Birmingham, Mobile, Tuscaloosa, and Auburn


Public Comment Period initiated November 16, 2010


Public Hearing; January 7, 2011


Projected Issuance; Feb
-
Mar, 2011

Highlights of the Permit


Includes same basic site erosion and
sediment control practices as the current
rule


Notice of Intent (NOI); significantly
streamlined


Coverage granted upon receipt of
complete NOI, except priority construction
sites

Priority Construction Sites

Sites discharging to:


303d Waters Impaired
due to:


Turbidity


Siltation


Sedimentation


TMDLs


OAW & ONRW

Source: Alabama Outdoors Magazine


CBMPP must be submitted to ADEM for review
prior to coverage being granted

Turbidity Monitoring


Priority Construction Sites disturbing 10 or more
cumulative acres


Measure and record turbidity of the discharge and in
-
stream


Sampling conducted during monthly or rain
-
event
inspections (i.e. after .75” rainfall)


No standard or limits for effluent turbidity


State water quality standards:



Turbidity shall not exceed 50 NTU above background, or


Cause substantial visible contrast

Questions?




Chip Crockett


Chief of Stormwater Management Branch


Water Division

Alabama Department of Environmental Management



vhc@adem.state.al.us


334
-
271
-
7974