Overview of RIPDES Construction General Permit Requirements

1
Overview of RIPDES Construction General Permit
Requirements
Developed by Greg Goblick, Laura
Stephenson RI Department of Environmental
Management RIPDES Permitting Program

2
Introduction RIPDES Construction Storm Water
Program

• Review and introduction of Phase I and
• Phase II requirements
• When is a permit required?
• Who is responsible to implement the permit?
• Who is responsible for compliance?

3
Goals of the Construction Storm Water Program

• Minimize erosion during construction
• Reduce/eliminate pollutants in storm water to
  protect water quality
• Consider post-construction storm water management

4
Large Construction (Phase I) Permitting

• Construction General Permit (CGP)
• RIPDES issued in 1993
• Re-issued March 1998
• Re-issued September 9, 2003 (Phase II
  requirements incorporated in new CGP)
• Authorization under the old CGP
• Allowed automatic authorization for projects
  approved by CRMC, DEM Freshwater Wetlands, DEM
  WQC (only an NOI needed to be submitted to
  RIPDES)

5
Small Construction Permitting (Phase II)

• Municipalities required to developed local
  programs (refer to Small MS4 General Permit)
• Covers construction activity one or more acres
• RIDEM permits required Statewide
• No waivers
• RIDEM organized 3 focus group meetings
  (consultants, municipalities, environmental
  organizations, state and federal agencies to
  discuss draft CGP permit)

6
SWPPP Requirements

• 1. Stamped/signed by one of the following
• Registered Professional Engineer (P.E.)
• Certified Professional in Soil Erosion Control
  (CPESC)
• Certified Professional in Storm Water Quality
  (CPSWQ)
• Registered Landscape Architect
• Note SWPPPs that require engineering must be
  stamped/signed by P.E.

7
SWPPP Requirements cont.

2. Identify potential sources of pollutants which
may reasonably be expected to affect the quality
of storm water discharges associated with the
construction activity.
8
SWPPP Requirements cont.

• 3. Describe and ensure the implementation of
  Best Management Practices (BMPs) used to reduce
  or eliminate pollutants in storm water
  discharge(s) and assure compliance with the
  permit.

9
SWPPP Requirements cont.

• 4. BMP selection shall include an evaluation of
  the effectiveness of available practices and be
  made with proper references.

10
Permit Changes Qualifying Local Programs (QLPs)

• Permit includes conditions that incorporate
  department approved QLPs
• Compliance with QLP compliance
• with RIPDES
• QLPs issue permits for sites 1-5 acres and
  greater than 5 if QLP chooses to do so

11
Permit Changes Reasons for QLPs

• Requirements tailored to locality
• Local oversight more effective than just State
  oversight
• Protect local infrastructure and prevent
  introduction of pollutants into the local storm
  sewers and drainage system (MS4)
• Streamline duplicative permitting requirements
• Reduce permit fees

12
Permit Changes Phase II Requirements

• Requires permit coverage for
• Construction activity disturbing gt 1 acre and lt
  5 acres
• Construction activity below 1 acre that is part
  of a larger common plan of development or sale
• Potential permit coverage for
• Construction activity that disturbs less than 1
  acre of land may be designated based on water
  quality impact

13
Permit Changes Streamlining

• Incorporate RIPDES NOI requirements in wetlands
  application process
• Wetlands application serves as RIPDES NOI for all
  sites greater than 1 acre
• NOI does not have to be submitted for sites with
  a Qualifying State or Local Program permit or
  approval
• Less paper, less time, less money!
• Federal/State agencies do not have to apply
  for QLP approval if a RIPDES Permit is obtained

14
Permit Changes NOI Form Part IXNatural
Heritage Areas

• Professional (a P.E., CPESC, CPSWQ, or Registered
  Landscape Architect) must certify information in
  Part V of NOI
• Is the site within or directly discharging to a
  Natural Heritage Area? (Yes or No)
• If the site is within or directly discharging to
  a NHA, do you have previous approval from the DEM
  Natural Heritage Program (NHP)? If yes, include a
  copy of the approval letter

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Permit Changes Part IX NHAs Continued
Projects that propose a storm water or allowable
non-storm water discharge to or has discharge
related activities that may potentially affect a
NHA

• Submit Map
• Location of construction
• Street address
• Nearest utility pole number
• Assessors plot and lot
• Total area of site
• Limits of disturbance

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Permit Changes NOI Form Part X SWPPP
Development

• Needs to be filled out for activities that are
  not required to submit a SWPPP (see
  authorization)
• Ensure that a site specific SWPPP was prepared
  consistent with requirements
• Does not alleviate or limit liability and sole
  responsibility of the owner/operator to implement
  amend SWPPP

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Authorization

• Do I require any of the following?
• CRMC permit
• QLP approval
• WQ Certification
• Wetlands permit

If CRMC or QLP Approval, and WQ Cert (if appl.)
YES
THEN
YES
NO
Is my site gt 5 acres?
Is my site 1 lt x lt 5 acres?
If Freshwater Wetlands Permit
YES
YES THEN
THEN
Submit NOI and approval
Automatically Authorized
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Authorization
Is my site 1 lt x lt 5 acres?

• Do I require any of the following?
• CRMC permit
• QLP approval
• WQ Certification
• Wetlands permit

NO
NO
Is my site gt 5 acres?
YES
YES
Submit SWPPP and NOI
Discharging directly to a NHA?
YES
NO
THEN
Prior approval from NHP?
Submit NOI
THEN
Authorization upon notification
NO
Automatic authorization w/i 30 days
YES
Submit NOI
Submit NOI approval
Automatically authorized
THEN
19
Future ImprovementsKick it up a notch
Termination of project - P.E. certifies that
any permanent structures constructed are
according to SWPPP/design manual Revise goals
to be consistent with updated Storm Water Design
Manual
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Future Improvements cont.
Consider additional measures for final
stabilization and long term storm water
management Consider requiring various measures
such as sediment traps, basins or other controls
based on area of disturbance
21
RIPDES Contact Information
Greg Goblick Senior Environmental Engineer RIDEM
RIPDES Program tel [phone]
ext.7265 email ggoblick_at_dem.state.ri.us
Margarita Chatterton Senior Environmental
Engineer RIDEM RIPDES Program tel (401)
222-4700 ext.7605 email mchatter_at_dem.state.ri.us
Web http//www.state.ri.us/dem/programs/ benviro
n/water/permits/ripdes/stwater/index.htm