Stormwater BMP

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Stormwater BMP Construction Permit Inspections

• By L. Peyton Adams
• Madisonville Regional Office
• Kentucky Division of Water

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KPDES PERMIT NEEDS

• Stormwater construction site activity gt1.0 acre
  requires filing a Notice of Intent prior to
  starting.
• All construction general stormwater permits for
  construction must have the Best Management
  Practices plan completed BEFORE submittal of the
  Notice of Intent (NOI) for coverage under this
  permit.
• BMP must be implemented beginning with the
  initiation of construction activities.
• At the end of the project, the permit holder
  files a Notice of Termination (NOT) to end the
  permit.

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What does an inspector look for during a KPDES
inspection?

• USEPA Region IV tasked DOW with doing 650 federal
  stormwater inspections.
• An inspector looks for compliance with the KPDES
  permit and DOW regulations which include water
  quality 401 KAR 5031 criteria.
• All general stormwater permits require a BMP
  (Best Management Practices plan)
• The inspector looks at the BMP to see if what is
  in the field matches what was submitted as being
  part of the NOI.
• If the plan is not being followed that is a
  problem.

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BMP review

• Telling DOW the BMP plan is how the system will
  be managed means the field conditions must at
  least be matching the plan.
• If minimum requirements are not met such as mud
  and silt in the creek, the BMP will have to be
  upgraded until it does win.
• If the stream is silting up, it will never be
  considered an adequate BMP.
• The permit actually requires training and
  documentation of maintenance and training of
  personnel.

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BMP Plan Modification

• The permit holder SHALL MODIFY the BMP plan when
  there is a change in design, construction,
  operation, or maintenance of the site which has a
  significant effect on the potential for the
  discharge of pollutants to Waters of the
  Commonwealth and shall implement the changes
  within seven (7) days.

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BMP Part IV of the KPDES Permit

• The BMP must be signed and kept on site.
• If requested the BMP must be made available to
  DOW, local agencies, or a MS4 permit holder for a
  city.
• If it does not work, the permittee shall modify
  the plan within 7 days of the notification and
  certify the changes have been made. A modified
  BMP reflecting the changes can be sent to the
  agency doing the review.

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BMP Modification

• Part IV Page IV-1 says, The permittee SHALL
  amend the BMP plan if it proves to be ineffective
  in controlling the discharge of pollutants to
  Waters of the Commonwealth and SHALL implement
  the changes within seven (7) days.

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BMP Minimum Requirements

• The BMP plan shall include as a minimum, Items A
  through H. Part IV Pages IV-2-4.
• A Site Description
• B Sediment and Erosion Control Measures
• COther Control Measures
• D Other state or local plans
• E Maintenance
• F Inspections
• G Non-Stormwater Discharges
• H. Contractors and Subcontractors

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ASite Description

• The BMP shall include a clear description of
  nature of the construction activity, the order of
  major soil disturbing activities, estimates of
  the total project area and the total disturbed
  areareceiving water name, and a SITE MAP. The
  site map shall indicate drainage patterns and
  show approximate slopes after grading, areas of
  disturbance, the location of control measures,
  surface waters or wetlands, and stormwater
  discharge locations.

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B Sediment and Erosion Control Measures

• The BMP plan shall include a clear description of
  what sediment and erosion control measures will
  be used and when they will be implemented. The
  following are minimum controls

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B. 1. Soil Stabilization Practices

• Page IV-2 1. Existing vegetation shall be
  preserved where possible. All disturbed areas of
  the site shall be stabilized. Stabilization shall
  begin within 14 days on areas of the site where
  construction activities have permanently or
  temporarily (for 21 days or more) ceased. When
  snow cover causes delays, stabilization shall
  begin as soon as possible.
• Stabilization practices include seeding,
  mulching, placing sod, planting trees or shrubs,
  and using geotextile fabrics and other
  appropriate measures.

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B.2. Perimeter Structural Practices

• Silt fences or other equivalent structural
  practices SHALL be used on all side and down
  slope borders of the site. Alternatively, a
  sediment basin shall be used that provides 3,600
  cubic feet of storage capacity per disturbed ACRE
  drained. For common drainage locations that serve
  more than ten (10) disturbed acres at one time, a
  sediment basin MUST be used if possible.
• Structural practices include protecting drain
  inlets and outlets, and using silt fences,
  earthen dikes, drainage swales, sediment traps,
  check dams, subsurface drains, pipe slope drains,
  reinforced soil retaining systems, gabions,
  sediment basins, and other appropriate measures.

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B.3. Stormwater Management Devices

• Management devices SHALL be installed during
  construction to control the pollutants in
  stormwater discharges that will occur after
  construction has been completed.
• When considering stormwater management devices,
  the goal SHOULD be 80 removal of Total Suspended
  Solids that exceed predevelopment levels. If this
  goal is not met, the permittee shall provide
  justification for refusing each device based on
  site conditions.
• Management devices include velocity dissipation
  devices, stormwater retention and detention
  basins, wet ponds, vegetated swales, runoff
  infiltration devices and other appropriate
  measures. The installation of these devices may
  be subject to Section 404 of the CWA.

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C. Other Control Measures Page IV-3

• No solid materials, including building materials,
  shall be discharged to Waters of the
  Commonwealth, except as authorized by a Section
  404 Permit.
• Off site vehicle sediment tracking and dust
  generation SHALL be minimized.
• Waste disposal methods and sanitary sewer or
  septic systems shall comply with applicable state
  or local regulations.

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D. Other control measures

• The BMP plan SHALL include ANY requirements
  specified in sediment and erosion control plans,
  stormwater management plans or permits that have
  been approved by other state or local officials.
• Upon submittal of the NOI, other requirements
  are incorporated by reference.

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E. Maintenance

• The BMP plan SHALL include a CLEAR description of
  the maintenance procedures necessary to keep the
  control measures in good and effective operating
  condition.

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F. INSPECTIONS by the PERMIT HOLDER

• Qualified personnel SHALL inspect ALL stormwater
  control measures, discharge locations, vehicle
  exits, disturbed areas of the construction site
  and material storage areas AT LEAST ONCE EVERY
  SEVEN (7) DAYS(AND WITHIN 24 HOURS of the END OF
  A STORM that is 0.5 inches or greater) and areas
  that have been temporarily or finally stabilized
  at least once a month. REVISIONS to the BMP plan
  based on the RESULTS OF THE INSPECTIONS SHALL be
  IMPLEMENTED within SEVEN (7) days.

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F. INSPECTIONS BY THE PERMIT HOLDER CONTROL
MEASURES

• Control measures SHALL be inspected to ensure
  correct operation. Accessible discharge locations
  SHALL be inspected to ensure the velocity
  dissipation devices are effective in preventing
  significant impacts to receiving waters.
• VEHICLE EXITS SHALL be inspected for evidence of,
  or the potential for, off-site sediment tracking.
• Disturbed areas that are exposed to precipitation
  SHALL be inspected for evidence of, or the
  potential for, pollutants entering the drainage
  system.

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F. INSPECTION DOCUMENTATION by the PERMIT HOLDER
page IV-3

• A report summarizing the scope of the inspection,
  names and qualifications of personnel making the
  inspection, the date of the inspection, major
  observations relating to the implementation of
  the BMP plan, and any corrective actions taken
  SHALL BE MADE and KEPT as part of the BMP plan
  for at least THREE (3) years after the date of
  the inspection, or until one (1) year after
  coverage under this permit ends. The report SHALL
  be SIGNED in accordance with Part II of this
  permit.

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G. NON-STORMWATER DISCHARGES

• The BMP plan SHALL identify and ensure the
  implementation of appropriate pollution
  prevention measures for any non-stormwater
  components of a discharge as listed in Part III
  c, except for flows from fire fighting activities.

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E. CONTRACTORS AND SUBS

• The BMP plan SHALL clearly state the contractor
  or subcontractors that WILL IMPLEMENT EACH
  CONTROL MEASURE identified in the BMP plan. ALL
  CONTRACTORS and subcontractors identified in the
  BMP plan MUST SIGN a copy of the certification
  statement below in accordance with PART II of
  this permit before conducting ANY professional
  service at the site

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E. The Certification by contractors

• I certify under penalty of law that I understand
  the terms and conditions of the general National
  Pollutant Discharge Elimination System (NPDES)
  permit that authorizes the storm water discharges
  associated with industrial activity from the
  construction site identified as part of this
  certification.
• The certification must include the name and title
  of the person providing the signature, the name,
  address, and telephone number of the contracted
  firm, the address, or other identifying
  description of the site and the date the
  certification is made. ALL certification
  statements MUST BE included in the BMP plan

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How do you apply

• A signed copy of a Notice of Intent (NOI) form
  must be submitted to the Division of Water KPDES
  Branch 48 hours BEFORE CONSTRUCTION ACTIVITY
  BEGINS.
• Unless notified to the contrary, owners or
  operators who submit the NOI are authorized to
  discharge stormwater associated with construction
  activities under the terms and conditions of this
  permit.
• Discharge may begin within 48 HOURS after the NOI
  is postmarked, even if the permittee has not yet
  received a copy of the general permit from the
  Division of Water.

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How do you end a PERMIT?

• When all stormwater discharges associated with
  construction activity are eliminated and the site
  has been FINALLY STABILIZED, the owner or
  operator MUST submit a signed copy of a NOTICE OF
  TERMINATION (NOT) from in order to END coverage
  under this general permit and nullify its
  requirements.

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How do you change ownership?

• When the owner or operator of a site covered by
  this permit changes, the new owner or operator
  MUST submit a notice 48 HOURS before the change
  in order to transfer coverage under this general
  permit. Change of ownership notices are submitted
  to the KPDES Branch in DOW.

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What do I look at during an inspection?

• Where does the mud flow?
• Is the creek winning?
• Is everything the BMP said would be done actually
  in the field?
• Who is doing the inspecting and maintenance on
  the site?
• As in any federal inspection, if its not written
  down, then it was not done. So if the permit says
  SHALL, WILL IMPLEMENT, or SHALL DOCUMENT, I am
  looking for who inspected the silt fence and
  fixed it, or if someone wrote down the silt fence
  is down, where is it written down that its fixed?
  If I find the silt fence down, I expect to see
  someone already with a work order to have it
  fixed.

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Good things to remember before being inspected!

• If you pay a good engineer for a good plan, why
  not follow it? If the plan says there will a silt
  fence by the road, if a photo shows no silt
  fence, there is a problem!
• If you create a simple form for inspections,
  maintenance, and training and keep it up to date,
  inspections go faster.
• If daylight is under the silt fence its not
  working.
• If the straw bales are rotten and rolling down
  the creek, its not working.
• Never use a match to solve a solid waste problem.
• If you spill something clean up after yourself.
  If its a reportable quantity call 800-928-2380
  for the state.

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Who gets in trouble if its not right during an
inspection?

• Notices of Violation always go to the permit
  holder.
• Laborers, contractors, subcontractors are part of
  the BMP plans training requirements and the
  permit holder remains responsible to keep the
  creek clear of sediment and follow the permit.
• If there is a fish kill due to sediment or a
  spill, the permit will be in violation and the
  responsible party has liability.

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How can you know its not going well when you see
the inspector?

• If the BMP plan calls for a silt fence at the
  basin in the field and the inspector is taking a
  photograph of the basin without the silt fence
  called for in the plan- that is a violation they
  are documenting.
• If no one can find the BMP, no one knows who is
  responsible to meet the BMP, no one has any paper
  trail for who is supposed to fix the silt fence
  that is photographed full of sediment half way up
  its side, and no one has a work order to fix it
  already, then the permit holder is in violation
  of 401 KAR 5065 Section 2.

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Things to avoid during an inspection if you are
the permit holder

• If you are already on the site with heavy
  equipment, the BMP is already on file with a NOI,
  and you have no silt fence required by the plan
  or construction rock on the entrance to avoid
  drag out of sediment on the road as shown on the
  plan, then you are already behind and in
  violation of the permit.
• Telling the inspector you cant find your plan.
• Telling your inspector you know you told someone
  to fix the problem found, but you cant find any
  record of telling them to fix it.
• Dont have your construction debris in an ash
  pile of open burning with litter blowing off site
  without any record of managing wastes on site.

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Things to always try to do during an inspection

• Have the site match the BMP site map and have all
  maintenance records at hand and organized.
• Have the creek sediment free and clear.
• Have the plan easily found as something you are
  using regularly. If its changed or modified, have
  the changes updated on the working set of plans
  being used and on file for review during the
  inspection.
• During tailgate meetings for safety etc. training
  in the BMP can also be held and documented.
• Its easy to create a form to use for maintenance
  that also shows the corrective action, when, and
  who was assigned to do it and who checked that it
  was done.

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Things to think about when starting a project

• Construction sites since March 2003 greater than
  one acre require a NOI and a stormwater BMP or
  erosion control plan. The KPDES Branch can be
  contacted at 502-564-3410. Contact Doug Allgeier.
• Projects that involve the filling in the
  floodplain will require a floodplain construction
  permit from the Water Resources Branch. Contact
  Ron Dutta.
• Projects that involve work IN a stream, such as
  bank stabilization, road culverts, utility line
  crossings, and stream alteration will require a
  floodplain permit AND a Water Quality
  Certification from the Division of Water. Contact
  John Dovak at 502-564-3410 or John Rundle at
  270-824-7529.

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What to think about before starting for the BMPs
sake!

• Always implement the BMP as drawn up and
  submitted.
• Train on the BMP and implement inspections after
  rain events and maintenance. Document to get
  credit for your work. Never use the creek as your
  settling basin.
• Water and mud only flow down hill. Dont put all
  your controls only at the last second if it runs
  a long way to get there. Slope drives velocity.
  Mud only falls out when its moving SLOW. If on
  the first rain your silt fence breaks the stakes
  that is a bad sign!
• A silt fence with a hole or daylight under it
  will be as effective as straw bales sitting on
  blacktop near a drain with a mud trail leading
  to it.
• Its good to be an optimist, but if you drain 10
  acres to three straw bales on a 10 degree slope,
  you may be putting too much faith in those straw
  bales even if you can keep them from washing away.

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How can you predict maintenance or training will
be discussed during an inspection?

• If the silt fence has one inch of daylight under
  it, the stakes are broken and lying on their
  side, a hose is lying on top of the silt fence,
  if the straw bales are only on the uphill side,
  if the basin is rushing brown water off site in a
  rain uncontrolled, if the silt fence ends two
  feet from the curbing for the road with an
  erosion trail in the gap, there needs to be
  something to show why it was installed wrong and
  something to document its already got a work
  order to fix it or its a violation.

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How to know you are winning!

• If its raining hard, and your sediment controls
  are still keeping the runoff from being more
  muddy than upstream
• If you told your inspector you would do something
  by a certain date and you did.
• If your controls upstream keep you from moving
  the same mud twice in clean outs after rains, and
  you have a forgiving system with not all the
  controls at the last minute on site
• If you see the inspector in a rain look happy
  when out of their car despite standing in mud in
  a leaky rain suit- then you are probably a
  winner! Congratulations!