[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Notices]
[Pages 25122-25145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10518]
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Part IV
Environmental Protection Agency
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Final Modification of the National Pollutant Discharge Elimination
System (NPDES) General Permit for Storm Water Discharges From
Construction Activities; Notice
Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 /
Notices
[[Page 25122]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6586-3]
Final Modification of the National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges
From Construction Activities
AGENCY: Environmental Protection Agency (EPA), Region 4.
ACTION: Notice of final modification of NPDES general permit for storm
water discharges from construction activities.
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SUMMARY: Section 405 of the Water Quality Act of 1987 (WQA) added
section 402(p) of the Clean Water Act (CWA) which requires the
Environmental Protection Agency (EPA) to develop a phased approach to
regulate storm water discharges under the National Pollutant Discharge
Elimination System (NPDES) program. EPA published a final regulation on
November 16, 1990, (55 FR 47990) establishing permit application
requirements for storm water discharges associated with industrial
activity. EPA defined the term ``storm water discharge associated with
industrial activity'' in a comprehensive manner to cover a wide variety
of facilities. This definition greatly expanded the number of
industrial facilities subject to the NPDES program. Construction
activities that disturb at least five acres of land and have point
source discharges to waters of the U.S. are defined as an ``industrial
activity'' per 40 CFR 122.26(b)(14)(x).
40 CFR 122.4(d) and (i) prohibit EPA from authorizing discharges
which will cause or contribute to the impaired use of waters of the
U.S. Currently, facilities discharging to waters listed in accordance
with the requirements of Section 303(d) of the Clean Water Act would
most likely be required to apply for individual permit coverage, which
is resource intensive for both the applicant and the NPDES permit
issuing authority. Therefore, EPA Region 4 has concluded that
additional permitting measures in the existing storm water general
permit for construction activities are necessary to assure that storm
water discharges to 303(d) waters, listed for TSS, do not cause or
contribute to the impaired designated use of a water body.
The following provides notice for a final modification of the NPDES
general permit, accompanying response to comments, and fact sheet for
storm water discharges from construction activities in the following
areas of Region 4:
Indian Country Lands within the State of Alabama
The State of Florida
Indian Country Lands within the State of Florida
Indian Country Lands within the State of Mississippi
Indian Country Lands within the State of North Carolina
DATES: This general permit modification shall be effective on July 1,
2000. Deadlines for compliance with the modification conditions are
included in today's notice.
ADDRESSES: Notices of Intent (NOIs) submitted in accordance with this
permit to receive coverage under this permit and Notices of Termination
(NOTs) to terminate coverage under this permit must be sent to Storm
Water Notice of Intent (4203), 401 M Street, SW, Room 2104 Northeast
Mail, Washington, DC 20460. The complete administrative record is
available from the U.S. Environmental Protection Agency, Region 4,
Freedom of Information Officer, 61 Forsyth St. S.W., Atlanta, GA 30303.
A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Floyd Wellborn, telephone number
(404) 562-9296, or Mr. Michael Mitchell, telephone number (404) 562-
9303, or at the following address: United States Environmental
Protection Agency, Region 4, Water Management Division, NPDES and
Biosolids Permits Section, Atlanta Federal Center, 61 Forsyth Street
S.W., Atlanta, GA 30303.
SUPPLEMENTARY INFORMATION:
Table of Contents.
I. Introduction
II. Coverage of General Permit
III. Changes from the Proposed Permit
IV. Summary of Permit Conditions
V. Cost Estimates
VI. Unfunded Mandates Reform Act
VII. Paperwork Reduction Act
VIII. Regulatory Flexibility Act
IX. Summary of Responses to Comments on the Proposed Permit
X. Section 401 Certification
XI. Official Signatures
I. Introduction
In 1972, the Federal Water Pollution Control Act (also referred to
as the Clean Water Act (CWA)) was amended to provide that the discharge
of any pollutants to waters of the United States from any point source
is unlawful, except if the discharge is in compliance with a National
Pollutant Discharge Elimination System (NDPES) permit. In 1987,
Sec. 402(p) was added to the CWA to establish a comprehensive framework
for addressing storm water discharges under the NPDES program. Section
402(p)(4) of the CWA clarifies the requirements for EPA to issue NPDES
permits for storm water discharges associated with industrial activity.
On November 16, 1990 (55 FR 47990), EPA published final regulations
which define the term ``storm water discharge associated with
industrial activity.''
On March 31, 1998, EPA Region 4 issued a general permit for
discharges of storm water from construction activities ``associated
with industrial activity'' to reduce the administrative burden of
issuing an individual NDPES permit to each construction activity.
II. Coverage of General Permit
Section 402(p) of the Clean Water Act (CWA) clarifies that storm
water discharges associated with industrial activity to waters of the
United States must be authorized by an NPDES permit. On November 16,
1990, EPA published regulations under the NPDES program which defined
the term ``storm water discharge associated with industrial activity''
to include storm water discharges from construction activities
(including clearing, grading, and excavation activities) that result in
the disturbance of five or more acres of total land area, including
areas that are part of a larger common plan of development or sale (40
CFR 122.26(b)(14)(x)). The term ``storm water discharge from
construction activities'' will be used in this document to refer to
storm water discharges from construction sites that meet the definition
of a storm water discharge associated with industrial activity.
This modification of the general permit may authorize storm water
discharges to waters listed on the 1998 EPA approved 303(d) list (or
any subsequently approved list, hereafter referenced as the EPA
approved 303(d) list), for Total Suspended Solids (TSS), or other
parameters associated with sediments, from existing construction sites
(facilities where construction activities began before the effective
date of this modification, and final stabilization is to occur after
the effective date of this modification) and new construction sites.
New construction sites are those facilities where disturbances
associated construction activities commence after the effective date of
this modification. To obtain authorization under the general permit, a
discharger must submit a complete NOI and comply with the terms of the
permit. The terms and conditions of this modification are applicable to
all qualifying facilities even if coverage under the permit began prior
to the effective date of the modification.
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III. Changes From the July 21, 1999 Proposed Permit Modification
(Amended August 25, 1999)
Applicants are now required to contact the permit issuing
authority for help in determining if they are discharging to 303(d)
listed waters.
The final issuance will only include the 1998 EPA approved
303(d) list for water segments listed for TSS.
The entire general permit with the modification's are
being reprinted in today's notice. The species list in Appendix C,
however, has not been reprinted and can be found in the March 31, 1998
Federal Register notice (63 FR 15621) or at the following web site:
http://www.epa.gov/owm/esalst2.htm
The proposed modification in the July 21, 1999 Federal
Register (64 FR 39136) incorrectly identified a change in Part I.C.
``Authorization.'' Today's Notice correctly changes Part II.B.
``Contents of Notice of Intent.'' Part II.B.9. of today's permit asks
for certification of eligibility under Part I.B.3.e.(2) (Endangered
Species) and I.B.3.f. (Historic Preservation).
Typographical errors in Parts II.B.10. and VII.G.2.d. were
corrected to properly identify the signature requirements of Part
VII.G. Previously, the permit had incorrectly indicated Part VI.G which
does not exist.
The qualified personnel has been further defined in Part
V.D.4. as a State certified storm water operator. A State certified
storm water operator is one who has completed the Florida Storm water,
Erosion and Sediment Control Training and Certification Program for
Inspectors and Contractors. Furthermore they have passed the course
examination.
IV. Summary of Modification Conditions
For Facilities in Florida
In order to get construction general permit coverage, applicants
must determine if the facility discharges to waters listed on the EPA
approved 303(d) list for impairment due to Total Suspended Solids.
For Facilities on Indian Country Lands
In order to get construction general permit coverage, applicants
must determine if the facility discharges to waters impaired for either
Total Suspended Solids, Turbidity, Silt or Sediment. It is incumbent
upon the applicant to contact the Environmental Coordinator of the
Tribe on whose lands the discharge occurs if you are unsure whether or
not the facility will be discharging to impaired waters for either of
the above referenced parameters.
What To Do Next
For all facilities, if the determination is made that you will be
discharging to waters impaired because of either Total Suspended Solids
or other parameters associated with sediments (or in the case of
discharges on Indian Country lands; TSS, Turbidity, Silt or Sediment)
the facility must comply with the terms and conditions of Part III.C.
of the permit.
The permittee shall monitor, during regular working hours,
once per month within the first 30 minutes of a qualifying storm event
or within the first 30 minutes of the beginning of the discharge of a
previously collected qualifying event for Settleable Solids (ml/l),
Total Suspended Solids (mg/l), Turbidity (NTUs) and Flow (MGD). A
qualifying event is defined as a rain event of 0.5 inches or greater in
a 24-hour period.
Where the receiving water has flow upstream from the
discharge, a background sample for Settleable Solids, Total Suspended
Solids and Turbidity shall be taken instream at middepth and
immediately upstream from the influence of the discharge of storm water
from the site. If there is no upstream flow, instream monitoring is not
required.
The soil type and average slope of the drainage area for
each outfall shall be reported with the Discharge Monitoring Report
submitted in accordance with Part III.C.5. of the permit.
This permit does not authorize the discharge of storm water, from
construction activities, which causes or contributes to the impairment
of the designated use of waters of the United States.
V. Cost Estimates
The two major costs associated with monitoring requirements. One is
the acquisition of monitoring equipment and the other is the fee
incurred for laboratory analysis of the sample. While EPA recognizes
that this is an increased cost from the general permit prior to its
modification, it is no more expensive than an individual permit which
would most likely have similar requirements. In addition, the cost of
compliance with a general permit is lower than that of an individual
permit. Therefore, there is a comparative financial benefit to coverage
under the general permit even with monitoring requirements from
coverage under an individual permit.
VI. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under UMA section 202, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, UMA section 205 generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of UMA section 205
do not apply when they are inconsistent with applicable law. Moreover,
UMA section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes an explanation with the final rule why the
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, it must have developed under UMA section 203 a small
government agency plan. The plan must provide for notifying potentially
affected small governments, enabling officials of affected small
governments to have meaningful and timely input in the development of
EPA regulatory proposals with significant Federal intergovernmental
mandates, and informing, educating and advising small governments on
compliance with the regulatory requirements.
A. UMA Section 202 and the Construction General Permit
UMA section 202 requires a written statement containing certain
assessments, estimates and analyses prior to the promulgation of
certain general notices of proposed rulemaking (2 U.S.C. 1532). UMA
section 421(10) defines ``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 section 553 of the
Administrative Procedure Act. EPA does not propose to issue NPDES
general permits based on
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APA section 553. Instead, EPA relies on publication of general permits
in the Federal Register in order to provide ``an opportunity for a
hearing'' under CWA section 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 modify would be virtually the same NPDES general
permit for discharges of storm water from construction activities that
many construction operators have used over the past year since most
will not be discharging to 303(d) listed waters. For those who are
discharging to 303(d) listed waters and come under the new monitoring
and reporting requirements, 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. UMA Section 203 and the Construction General Permit
Agencies are required to prepare small government agency plans
under UMA section 203 prior to establishing any regulatory requirement
that might significantly or uniquely affect small governments.
``Regulatory requirements'' might, for example, include the
requirements of this NPDES general permit for discharges associated
with construction activity. EPA envisions that some municipalities--
those with municipal separate storm sewer systems serving a population
over 100,000--may elect to seek coverage under this general permit
where they are the operators of construction activities. For
municipalities with a population of less than 100,000, 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. (See 40 CFR
122.26(e)(1)(ii)&(g)).
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, UMA section 203 would not
apply.
VII. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
in this final general permit under the Paperwork Reduction Act of 1980,
44 U.S.C. 3501 et. seq. EPA did not prepare an Information Collection
Request (ICR) document for today's permit because the information
collection requirements in this permit have already been approved by
the Office of Management and Budget (OMB) in submissions made for the
NPDES permit program under the provisions of the Clean Water Act.
VIII. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, U.S.C. 601 et. seq., EPA is
required to prepare a Regulatory Flexibility Analysis to assess the
impact of rules on small entities. No Regulatory Flexibility Analysis
is required, however, where the head of the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
Today's permit modification provides small entities with an
application option that is less burdensome than individual
applications. The other requirements have been designed to minimize
significant economic impacts of the rule on small entities and does not
have a significant impact on industry. In addition, the permit reduces
significant administrative burdens on regulated sources. Accordingly, I
hereby certify pursuant to the provisions of the Regulatory Flexibility
Act, that this permit will not have a significant impact on a
substantial number of small entities.
IX. Responses to Comments
The following is a summary of the issues identified by EPA that
were raised regarding the modification of the general permit for storm
water from construction activities and EPA's response to those issues.
Several commenters asked for a clarification of the definition of a
qualifying event. Specifically, is a qualifying event measured within
the 24 hours of a calendar day or is it a rolling 24 hours? EPA's
intent is to require monitoring of one event that produces 0.5 inches
of rain fall in a rolling 24 hour period, during a calendar month.
Several commenters asked how one would know to take a grab in the
first 30 minutes of the rain event if you don't know if the storm is a
qualifying event yet. If the retention on the site delays the
discharge, then collection of a sample during the first 30 minutes is
not required. EPA acknowledges that the facility may take samples in
anticipation of a qualifying event, that are never sent to the lab
because the event did not qualify for sampling.
One commenter asked how would one know when to sample if there was
a fairly continuous discharge from current and previously collected
events since the first thirty minutes of discharge may not be
discernable. In the case of the rain events being close together, a
sample would be collected within the first 30 minutes after the start
of the qualifying event. Since only one sample per month is required,
monitoring of any subsequent discharge is not required.
Comments were submitted on how is monitoring conducted during off
hours or if the monitoring stations are too far away to monitor during
the first 30 minutes. It is incumbent on the permittee to plan for
monitoring during regular working. This of course may mean that all
discharges from a qualifying event in a given month may occur during
non-regular working hours. In such a case, the permittee should
indicate ``no discharge from a qualifying event occurred during regular
working hours'' in lieu of sampling results on the Discharge Monitoring
Report (DMR) form and submit it to the EPA. If the facility is too big
to collect samples from all the outfalls on the same day, subsequent
events within the month should be considered for other outfalls. This
does not release the permittee from compliance responsibility should
there be only one qualifying event during a given month. The document
NPDES Storm Water Sampling Guidance Document (EPA 833-F-92-001, July
1992) discusses this in Part 2.9 of the document beginning on page 31.
Comments were submitted asking if the permit requires the
installation of an automatic sampler to comply with the sampling
requirements. The permit does not require the installation of an
automatic sampler but it does require compliance with the monitoring
conditions. It is up to the permittee to determine if the only way for
the facility to comply with the permit is to install an automatic
sampler.
Several commenters indicated that the cost of monitoring would be
excessive without any real benefit to the environment. One commenter
suggested that a more effective approach to sediment control would be
requiring a ``qualified person'' to conduct the sediment and erosion
control onsite. While EPA understands that the monitoring in the
modified general permit is an increase over the conditions of the March
31, 1998 reissued general permit, the cost is no more than would be for
compliance with an individual permit. In addition, EPA's evaluation of
the cost, based on
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EPA's own lab expenses, is significantly less that the estimation of
the commenters.
One commenter requested clarification of when a facility is
discharging directly to a 303(d) listed water body segment. Only those
discharges whose collection systems overflowed or release discharges
directly to listed segments would be required to monitor. Discharges
which flow through tributaries, which themselves are not listed, or
local collection systems, such as Municipal Separate Storm Sewer
Systems (MS4), are not required to monitor under the modified permit.
Co-permittees who discharge to another permittee's collection system
which then discharges to a listed segment may be required to monitor.
Such a determination would be conducted at the request of the permittee
discharging directly to the listed segment. Discharges to piped MS4s
which are ultimately discharging to 303(d) listed waters are not
required to monitor.
One commenter asserted that the EPA's decision to include
protective monitoring appears unsupported by sufficient data
demonstrating that additional protection of waters is required. The
introduction in the July 21, 1999 Federal Register (64 FR 39136)
justifies the inclusion of monitoring based on the requirements of 40
CFR Part 122.4 (d) and (i), which disallow the authorization of
discharges which contribute to the impaired use of a receiving water.
No previously existing data is required to conclude that the addition
of particulates from a construction site has the potential to
contribute to the impaired use of a receiving water when it is
currently impaired due to particulate pollution. If the permit issuing
authority determines that an individual facility contributes to the
impaired use of a water segment, an individual permit will be required
for the discharges from that facility. EPA suspects that the majority
of sites will not contribute to the impairment. It would be
unreasonable to leave it to assumption though. The purpose of the
monitoring is, in fact, to aid in the determination of whether an
individual facility is contributing to the impairment. In addition, the
CWA, section 308(a) allows for monitoring to determine if a violation
of a prohibition, such as 40 CFR 122.4(d) or (i), has occurred.
One commenter perceived and objected to the notion that the
construction industry was being made to bearing the cost of stream
monitoring for the development of Florida's Total Maximum Daily Loads
(TMDL) and further contends that the construction industry is not the
only contributor of solids to the waters of the State. EPA is not
including this monitoring to develop stream data for a TMDL. As stated
previously, it is included to determine compliance with 40 CFR 122.4.
However, since the data is being collected anyway, an additional
benefit will be the availability of the data once development of a TMDL
is underway. It is common practice in developing a TMDL to use
available data collected by many sources. EPA does concur that the
construction industry is not the sole source of solids to water bodies
and therefore not the sole cause of impairment to a 303(d) listed
water. It is certain, though, that it is a possible source and is
essential to determine what individual facilities may contribute to the
impaired use of a listed water segment.
One commenter expressed concern over using Florida's 303(d) list
since it is continually updated to include newly listed water segments
making it difficult to know in advance if the construction site will
discharge to a listed water body. EPA acknowledges this concern and has
changed the final permit to require monitoring only at facilities
discharging to water segments listed on the EPA approved 303(d) list.
Contact the EPA for information on updates to the list.
One commenter contended that EPA Region 4's proposal to include
monitoring in the general permit conflicts with EPA Headquarter's
proposal to develop effluent guidelines for the construction industry
which wouldn't include numerical limits but simply Best Management
Practices (BMP). Currently, there is no effluent guideline for this
activity; however, effluent guidelines have technology based
requirements and are not usually protective of state water quality
standards.
One commenter believes that the monitoring requirements place an
unfair burden on facilities discharging to waters known to be impaired
since all the waters in the State have not yet been assessed. Revisions
have been made in the final permit to ensure currently listed waters
and any added in the future are protected by the requirements of this
permit.
One commenter challenged EPA's consideration of the Unfunded
Mandates Reform Act which requires Federal Agencies to consider least
costly, more cost-effective and/or least burdensome alternatives. The
commenter pointed out that EPA contended that the evaluation performed
regarding permitting options for the regulation of storm water
discharges form construction activities is sufficient to meet this
requirement since it will be virtually the same NPDES general permit
(see Part VI of this notice). One should understand that the general
permit is a voluntary permit. Any time a facility deems compliance with
the general permit too burdensome or costly, they are free to apply for
an individual permit. For those sites discharging to 303(d) listed
waters, the alternative to this modification would be an individual
NPDES permit which would be more costly to comply with. Therefore, the
EPA chosen alternative of modifying the general permit to include
conditions on construction sites discharging to 303(d) listed waters is
considerate of the Unfunded Mandates Reform Act.
One commenter was confused about the pollutant to look for in the
EPA Approved 303(d) list. In one Federal Register, the pollutant which
triggered monitoring was silt and/or sediment and in the other it was
total suspended solids. At this point the 303(d) list expresses
impairment due to solids as the pollutant total suspended solids. So,
TSS is the one which currently triggers monitoring. However, should
subsequent approved lists contain other indicators of solids
transportation to the receiving waters, those parameters would trigger
the monitoring requirements as well.
Several commenters proposed the delay of the issuance of the
modification which requires monitoring until the Total Maximum Daily
Load (TMDL) management proposal is finalized. One commenter believes
that the EPA's proposal for managing TMDLs to impaired waters would be
sufficient to assess the contribution of solids in the discharges of
storm water runoff from construction activities to waters of the United
States which are impaired because of TSS, turbidity, silt or
sedimentation. And another commenter suggested that monitoring in the
general permit to determine Best Management Practice (BMP)
effectiveness is premature. While it may be true that the TMDL program
may adequately assess the over arching contribution from such
facilities, it cannot assess an individual facility's contribution and
whether or not the discharges from a particular facility cause or
contribute to the further impairment of the receiving water. And while
other EPA efforts are ongoing to set national standards, effluent
guidelines and design criteria do not prevent mishaps and the improper
instillation and maintenance of BMPs. In addition, the Clean Water Act
(1987, as amended) and 40 CFR Part 122
[[Page 25126]]
compels EPA to address the site specific discharges of pollutants to
waters of the U.S. and particularly the discharges of a pollutant to
waters impaired because of that pollutant. EPA continues to believe
that including conditions in the general permit addressing the
discharges of solids to waters impaired because of solids is the least
burden on the regulated community and on EPA while remaining consistent
with the requirements of the CWA.
On this point, the commenters, believe that the proposed monitoring
conditions would be inadequate to determine the effect on an impaired
water of solids in the storm water discharge. One commenter suggested
that the nebulous difference between point and non-point source
discharges under EPA's wet weather programs made monitoring ineffective
in determining whether or not a discharge causes or contributes to the
impairment of a water body. EPA reserves the right to terminate
coverage under the general permit for facilities which demonstrate that
the discharges from the site have the reasonable potential to cause or
contribute to the impairment in the listed water body. In such a case,
EPA may at its discretion require the permittee to cease discharging to
the impaired water body or to apply for an individual permit so that
facility specific discharge limitations and pollution prevention plan
requirements could be established. Non-point source contributions of
sediments are addressed under Section 319 of the Clean Water Act.
X. Section 401 Certification
Certification of the proposed permit modification was requested
from the State of Florida by letter dated January 22, 1999. The Florida
Department of Environmental Protection (FDEP) waived certification of
the proposed permit modification via a letter dated July 13, 1999. The
State did include comments on the permit modification in the waiver
letter. Certification of the proposed permit was requested from the
Miccosukee Tribe of Indians of Florida by letter dated June 23, 1997.
Certification of the proposed permit is deemed waived in accordance
with the provisions of 40 CFR 124.53(c). Certification of the proposed
permit modification was requested from the Seminole Tribe of Florida by
letter dated February 8, 1999. The Seminole Tribe of Florida provided
certification of the proposed permit modification via a letter dated
April 15, 1999.
XI. Official Signatures
Accordingly, I hereby certify pursuant to the provisions of the
Regulatory Flexibility Act, that this permit will not have a
significant impact on a substantial number of small entities.
Authority: Clean Water Act, 33 U.S.C 1251 et seq.
Dated: April 20, 2000.
John H. Hankinson, Jr.,
Regional Administrator, Region 4.
Appendix A
From the effective date of this permit, applicants are to use
the existing Notice of Intent form (EPA 3510-9, published in the
March 6, 1998 Federal Register, 63 FR 11253) referenced in this
Appendix to obtain permit coverage. According to the provisions in
Part II.B. of this permit, applicants are reminded that they are
certifying that they meet all eligibility requirements of Part I.B.
of this permit and are informing the Director of their intent to be
covered by, and comply with, those terms and conditions. These
conditions include certifications that the applicant's storm water
discharges and storm water-related discharge activities will not
adversely affect listed endangered or threatened species, their
critical habitat, or places either listed or eligible for listing on
the National Register of Historic Places.
Appendix B
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 VII.G of the permit when
terminating permit coverage at a construction project when one or
more or the conditions contained in Part IX have been met.
Appendix C--Endangered Species Guidance
I. Instructions
A list of species that EPA has determined may be affected by the
activities covered by the construction general permit will be
included in the final issued permit. These species will be listed by
county. In order to get construction general permit coverage,
applicants must:
Indicate in the box provided on the NOI whether any
species listed in this Appendix are in proximity to the facility,
and
Certify pursuant to Section I.B.3.e. of the
construction general permit that their storm water discharges, and
BMPs constructed to control storm water runoff, are not likely, and
will not be likely to adversely affect species identified in
Appendix C of this permit. The species list can be found in the
March 31, 1998 Federal Register notice (63 FR 15621) or at the
following web site: http://www.epa.gov/owm/esalst2.htm
To do this, please follow steps 1 through 4 below.
Step 1: Review the County Species List Below to Determine if Any
Species are Located in the Discharging Facility County
If the facility is within one (1) mile of the county line, a
review of the bordering county's list must be made a well to
determine the presence of species. If no species are listed in a
facility's county, or adjacent county as mentioned in the previous
sentence, or if a facility's county is not found on the list, an
applicant is eligible for construction general permit coverage and
may indicate in the NOI that no species are found in proximity and
provide the necessary certification. If species are located in the
county, or in the adjacent county as mentioned above, follow step 2
below. Where a facility is located in more than one county, the
lists for all counties should be reviewed.
Step 2: Determine if any Species May Be Found ``In Proximity'' to the
Facility
A species is in proximity to a facility's storm water discharge
when the species is:
Located in the path or immediate area through which or
over which contaminated point source storm water flows from
industrial activities to the point of discharge into the receiving
water.
Located in the immediate vicinity of, or nearby, the
point of discharge into receiving waters.
Located in the area of a site where storm water BMPs
are planned or are to be constructed.
The area in proximity to be searched/surveyed for listed species
will vary with the size of the facility, the nature and quantity of
the storm water discharges, and the type of receiving waters. Given
the number of facilities potentially covered by the construction
general permit, no specific method to determine whether species are
in proximity is required for permit coverage under the construction
general permit. Instead, applicants should use the method or methods
which best allow them to determine to the best of their knowledge
whether species are in
[[Page 25127]]
proximity to their particular facility. These methods may include:
Conducting visual inspections: This method may be
particularly suitable for facilities that are smaller in size,
facilities located in non-natural settings such as highly urbanized
areas or industrial parks where there is little or no nature
habitat; and facilities that discharge directly into municipal storm
water collection systems. For other facilities, a visual survey of
the facility site and storm water drainage areas may be insufficient
to determine whether species are likely to be located in proximity
to the discharge.
Contacting the nearest State Wildlife Agency or U.S.
Fish and Wildlife Service (FWS) or National Marine Fisheries Service
(NMFS) offices. Many endangered and threatened species are found in
well-defined areas or habitats. That information is frequently known
to state or federal wildlife agencies. FWS has offices in every
state. NMFS has a regional office in St. Petersburg, Florida.
Contacting local/regional conservation groups. These
groups inventory species and their locations and maintain lists of
sightings and habitats.
Conducting a formal biological survey. Larger
facilities with extensive storm water discharges may choose to
conduct biological surveys as the most effective way to assess
whether species are located in proximity and whether there are
likely adverse effects.
If no species are in proximity, an applicant is eligible for
construction general permit coverage and may indicate that in the
NOI and provide the necessary certification. If listed species are
found in proximity to a facility, applicants must follow step 3
below.
Step 3: Determine if Species Could be Adversely Affected by the
Facility's Storm Water Discharges or by BMPS to Control Those
Discharges
Scope of Adverse Effects: Potential adverse effects from storm
water include:
Hydrological. Storm water may cause siltation,
sedimentation or induce other changes in the receiving waters such
as temperature, salinity or pH. These effects will vary with the
amount of storm water discharged and the volume and condition of the
receiving water. Where a storm water discharge constitutes a minute
portion of the total volume of the receiving water, adverse
hydrological effects are less likely.
Habitat. Storm water may drain or inundate listed
species habitat.
Toxicity. In some cases, pollutants in storm water may
have toxic effects on listed species.
The scope of effects to consider will vary with each site.
Applicants must also consider the likelihood of adverse effects on
species from any BMPs to control storm water. Most adverse impacts
from BMPs are likely to occur from the construction activities.
Using earlier ESA authorizations for construction general permit
eligibility: In some cases, a facility may be eligible for
construction general permit coverage because actual or potential
adverse affects were addressed or discounted through an earlier ESA
authorization. Examples of such authorization include:
An earlier ESA section 7 consultation for that
facility.
A section 10(a) permit issued for the facility.
An area-wide Habitat Conservation Plan applicable to
that facility.
A clearance letter from the Services (which discounts
the possibility of an adverse impacts from the facility).
In order for applicants to use an earlier ESA authorization to
meet eligibility requirements: (1) The authorization must adequately
address impacts for storm water discharges and BMPs from the
facility on endangered and threatened species, (2) it must be
current because there have been no subsequent changes in facility
operations or circumstances which might impact species in ways not
considered in the earlier authorization, and (3) the applicant must
comply with any requirements from those authorizations to avoid or
mitigate adverse effects to species. Applicants who wish to pursue
this approach should carefully review documentation for those
authorizations ensure that the above conditions are met.
If adverse effects are not likely, an applicant is eligible for
construction general permit coverage and may indicate in the NOI
that species are found in proximity and provide the necessary
certification. If adverse effects are likely, follow step 4 below.
Step 4: Determine if Measures Can be Implemented to Avoid any Adverse
Effects
If an applicant determines that adverse effects are likely, it
can receive coverage if appropriate measures are undertaken to avoid
or eliminate any actual or potential adverse affects prior to
applying for permit coverage. These measures may involve relatively
simple changes to facility operations such as re-routing a storm
water discharge to bypass an area where species are located.
At this stage, applicants may wish to contact the FWS and/or
NMFS to see what appropriate measures might be suitable to avoid or
eliminate adverse impacts to species.
If applicants adopt these measures, they must continue to abide
by them during the course of permit coverage.
If appropriate measures are not available, the applicant is not
eligible at that time for coverage under the construction general
permit. Applicants should contact the appropriate EPA regional
office about either:
Entering into Section 7 consultation in order to obtain
construction general permit coverage, or
Obtaining an individual NPDES storm water permit.
Appendix D--Discharging to Impaired Waters Guidance
I. Instructions
For Facilities in Florida
In order to get coverage under this NPDES permit for storm water
discharges from construction sites, applicants must determine if the
facility discharges to waters listed on the EPA approved 303(d) list
for impairment due to Total Suspended Solids.
For Facilities on Indian Country Lands
In order to get coverage under this NPDES permit for storm water
discharges from construction sites, applicants must determine if the
facility discharges to waters impaired for either TSS, turbidity,
silt or sediment. It is incumbent upon the applicant to contact the
Environmental Coordinator of the Tribe on whose lands the discharge
occurs if you are unsure whether or not the facility will be
discharging to impaired waters for either of the above referenced
parameters.
Next Steps
For all facilities, if the determination is made that you will
be discharging waters impaired because of either TSS, turbidity,
silt or sediment, the facility must comply with the terms and
conditions of Part III.C. of the permit.
[[Page 25128]]
Appendix E--EPA Approved 303(d) List
----------------------------------------------------------------------------------------------------------------
HUC name Water segment MAPID WBID Parameters of concern
----------------------------------------------------------------------------------------------------------------
ALAFIA RIVER........................ TURKEY CK AB LTL ALAFI. 24 1578B Coliforms, Nutrients,
Turbidity.
ALAFIA RIVER........................ POLEY CREEK............ 25 1583 Coliforms, Nutrients,
Turbidity.
APALACHICOLA RIVER.................. APALACHICOLA RIVER..... 10 375D Turbidity.
APALACHICOLA RIVER.................. GREGORY MILL CREEK..... 13 1135 Dissolved Oxygen,
Nutrients, Turbidity,
Total Suspended
Solids.
APALACHICOLA RIVER.................. EQUILOXIC CREEK........ 14 1109A Dissolved Oxygen,
Turbidity, Mercury
(Based on Fish
Consumption Advisory).
APALACHICOLA RIVER.................. LITTLE GULLY CREEK..... 15 1039 Coliforms, Dissolved
Oxygen, Turbidity.
APALACHICOLA RIVER.................. FLAT CREEK............. 26 487 Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
BLACKWATER RIVER.................... BLACKWATER RIVER....... 4 24A Total Suspended Solids,
Coliforms, Mercury
(Based on Fish
Consumption Advisory).
BLACKWATER RIVER.................... EAST FORK.............. 53 18A Coliforms, Total
Suspended Solids.
BLACKWATER RIVER.................... MANNING CREEK.......... 59 127 Coliforms, Turbidity,
Total Suspended
Solids.
BLACKWATER RIVER.................... MARE CREEK............. 79 88 Dissolved Oxygen,
Turbidity.
BLACKWATER RIVER.................... BIG JUNIPER CREEK...... 84 19 Coliforms, Turbidity.
BLACKWATER RIVER.................... BIG COLDWATER CREEK.... 96 18 Coliforms, Total
Suspended Solids.
CHARLOTTE HARBOR.................... NO. PRONG ALLIGATOR CR. 30 2071 Dissolved Oxygen,
Coliforms, Turbidity.
CHIPOLA RIVER....................... CHIPOLA RIVER (Dead 1 51A Coliforms, Turbidity,
Lakes). Mercury (Based on Fish
Consumption Advisory).
CHOCTAWHATC HEE BAY................. CHOCTAWHATC HEE BAY AB 24 78C Biochemical Oxygen.
C. Demand, Coliforms,
Nutrients, Turbidity,
Total Suspended
Solids, Mercury (Based
on Fish Consumption
Advisory).
CHOCTAWHATC HEE RIVER............... CHOCTAWHATC HEE RIVER.. 0 49E Coliforms, Turbidity,
Total Suspended
Solids.
CHOCTAWHATC HEE RIVER............... BRUCE CREEK............ 11 343 Coliforms, Turbidity.
CHOCTAWHATC HEE RIVER............... CHOCTAWHATC HEE RIVER.. 14 49 Coliforms, Turbidity,
Total Suspended
Solids, Mercury (Based
on Fish Consumption
Advisory).
CHOCTAWHATC HEE RIVER............... CAMP BRANCH............ 21 251 Coliforms, Nutrients,
Turbidity.
CHOCTAWHATC HEE RIVER............... CHOCTAWHATC HEE RIVER.. 24 49F Coliforms, Nutrients,
Total Suspended
Solids, Turbidity,
Mercury (Based on Fish
Consumption Advisory).
CHOCTAWHATC HEE RIVER............... ALLIGATOR CREEK........ 26 123 Coliforms, Biological
Oxygen Demand,
Dissolved Oxygen,
Nutrients, Turbidity
CHOCTAWHATC HEE RIVER............... SIKES CREEK............ 27 142 Coliforms, Dissolved
Oxygen, Total
Suspended Solids,
Turbidity.
CHOCTAWHATC HEE RIVER............... FISH BRANCH............ 28 130 Coliforms, Dissolved
Oxygen, Total
Suspended Solids,
Turbidity.
CRYSTAL RIVER TO ST. PETE........... ST JOE CREEK........... 6 1668A Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids, Biochemical
Oxygen Demand.
CRYSTAL RIVER TO ST. PETE........... BONN CREEK............. 8 1668B Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Biochemical
Oxygen Demand.
ECONFINA-FENH OLLOWAY............... ROCKY CREEK............ 0 3489 Turbidity, Coliforms.
ECONFINA-FENH OLLOWAY............... FENHOLLOWAY BL PULP.... 14 3473B Dissolved Oxygen,
Nutrients, Total
Suspended Solids, Un-
ionized Ammonia,
Biochemical Oxygen
Demand, Mercury (Based
on Fish Consumption
Advisory).
ESCAMBIA RIVER...................... SCAMBIA RIVER.......... 2 10F Coliforms, Total
Suspended Solids,
Turbidity, Mercury
(Based on Fish
Consumption Advisory).
ESCAMBIA RIVER...................... ESCAMBIA RIVER......... 4 10E Coliforms, Dissolved
Oxygen, Turbidity,
Mercury (Based on Fish
Consumption Advisory).
ESCAMBIA RIVER...................... ESCAMBIA RIVER......... 6 10D Coliforms, Total
Suspended Solids,
Turbidity, Mercury
(Based on Fish
Consumption Advisory).
ESCAMBIA RIVER...................... PINE BARREN CREEK...... 28 5 Coliforms, Turbidity.
ESCAMBIA RIVER...................... LITTLE PINE BARREN CR.. 31 87 Coliforms, Turbidity.
[[Page 25129]]
ESCAMBIA RIVER...................... ESCAMBIA RIVER......... 42 10C Coliforms, Total
Suspended Solids,
Turbidity, Mercury
(Based on Fish
Consumption Advisory).
ESCAMBIA RIVER...................... BIG ESCAMBIA CREEK..... 43 10 Coliforms, Total
Suspended Solids,
Turbidity.
HILLSBOROUGH RIVER.................. TWO HOLE BRANCH........ 0 1489 Nutrients, Turbidity,
Biochemical Oxygen
Demand, Coliforms.
HILLSBOROUGH RIVER.................. SPARKMAN BRANCH........ 2 1561 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
HILLSBOROUGH RIVER.................. HILLSBOROUGH RIVER..... 5 1443 A Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids, Mercury (Based
on Fish Consumption
Advisory).
HILLSBOROUGH RIVER.................. BAKER CREEK............ 10 1522C Dissolved Oxygen,
Coliforms, Lead,
Nutrients, Turbidity.
HILLSBOROUGH RIVER.................. COW HOUSE CREEK........ 17 1534 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
HILLSBOROUGH RIVER.................. FLINT CREEK............ 18 1522A Dissolved Oxygen,
Coliforms, Lead,
Nutrients, Turbidity,
Biochemical Oxygen
Demand.
HILLSBOROUGH RIVER.................. BLACKWATER CREEK....... 27 1482 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Biochemical
Oxygen Demand
HILLSBOROUGH RIVER.................. BIG DITCH.............. 30 1469 Coliforms, Nutrients,
Turbidity.
HILLSBOROUGH RIVER.................. NEW RIVER.............. 38 1442 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
INDIAN RIVER, SOUTH................. FELSMERE CANAL......... 20 3136 Dissolved Oxygen,
Nutrients, Total
Suspended Solids.
INDIAN RIVER, SOUTH................. NO. PRONG SEBASTIAN R.. 26 3128 Dissolved Oxygen,
Copper, Nutrients,
Turbidity, Total
Suspended Solids.
KISSIMMEE RIVER..................... LAKE KISSIMMEE NORTH... 47 3183A Nutrients, Turbidity,
Mercury (Based on Fish
Consumption Advisory).
KISSIMMEE RIVER..................... DEAD RIVER............. 55 1472C Nutrients, Turbidity.
KISSIMMEE RIVER..................... CANOE CREEK............ 56 3181 Turbidity.
KISSIMMEE RIVER..................... REEDY CREEK............ 58 3170A Nutrients, Turbidity.
KISSIMMEE RIVER..................... REEDY CREEK............ 66 3170C Dissolved Oxygen,
Nutrients, Turbidity,
Coliforms.
KISSIMMEE RIVER..................... BONNET CREEK........... 73 3170D Nutrients, Turbidity.
KISSIMMEE RIVER..................... SHINGLE CREEK.......... 75 3169A Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Biochemical
Oxygen Demand.
MANATEE RIVER....................... CEDAR CREEK............ 3 1926 Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids.
MANATEE RIVER....................... BRADEN RIVER AB WARD L. 5 1914 Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids.
MANATEE RIVER....................... UNNAMED STREAM......... 8 1913 Dissolved Oxygen,
Coliforms, Total
Suspended Solids.
MANATEE RIVER....................... GAMBLE CREEK........... 35 1819 Dissolved Oxygen,
Coliforms, Turbidity,
Nutrients.
MYAKKA RIVER........................ MYAKKA RIVER........... 44 1981B Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids.
MYAKKA RIVER........................ MUD LAKE SLOUGH........ 46 1958 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
MYAKKA RIVER........................ OWEN CREEK............. 60 1933 Dissolved Oxygen,
Coliforms, Turbidity,
Nutrients, Total
Suspended Solids.
NASSAU RIVER........................ LITTLE MILL CREEK...... 0 2157 Turbidity, Coliforms,
Nutrients.
NASSAU RIVER........................ NASSAU RIVER........... 11 2148B Dissolved Oxygen,
Nutrients, Turbidity,
Total Suspended
Solids, Coliforms.
NASSAU RIVER........................ PLUMMER CREEK.......... 16 2130 Nutrients, Turbidity,
Dissolved Oxygen,
Coliforms.
OCHLOCKONEE RIVER................... OCHLOCKONEE RIVER...... 9 1297B Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity.
OCHLOCKONEE RIVER................... MEGGINNIS ARM RUN...... 33 809 Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen Demand,
Dissolved Oxygen.
[[Page 25130]]
OCHLOCKONEE RIVER................... HARBINWOOD ESTATES DN.. 46 746 Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen Demand.
OCHLOCKONEE RIVER................... LITTLE RIVER........... 51 424 Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
OCHLOCKONEE RIVER................... JUNIPER CREEK.......... 60 682 Coliforms, Nutrients,
Turbidity.
OCHLOCKONEE RIVER................... OCHLOCKONEE RIVER...... 88 1297F Coliforms, Nutrients,
Turbidity, Mercury
(Based on Fish
Consumption Advisory).
OCHLOCKONEE RIVER................... SWAMP CREEK............ 94 427 Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
OKLAWAHA RIVER...................... DORA CANAL............. 0 2772 Nutrients, Turbidity,
Biochemical Oxygen
Demand.
OKLAWAHA RIVER...................... APOPKA MARSH........... 22 2856 Dissolved Oxygen,
Nutrients, Turbidity,
Un-ionized Ammonia.
OKLAWAHA RIVER...................... LAKE APOPKA OUTLET..... 25 2835A Dissolved Oxygen,
Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen.
OKLAWAHA RIVER...................... HELENA RUN............. 33 2832 Dissolved Oxygen,
Nutrients, Turbidity,
Un-ionized Ammonia,
Total Suspended.
OKLAWAHA RIVER...................... HAYNES CREEK REACH..... 43 2817A Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids,
OKLAWAHA RIVER...................... NONCONTRIBUTING AREA... 45 2809 Dissolved Oxygen,
Nutrients, Turbidity.
OKLAWAHA RIVER...................... IRRIGATED FARM......... 47 2811 Dissolved Oxygen,
Nutrients, Turbidity.
OKLAWAHA RIVER...................... OKLAWAHA RIV AB DAISY.. 68 2740D Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Biochemical
Oxygen.
OKLAWAHA RIVER...................... DAISY CREEK............ 90 2769 Dissolved Oxygen,
Nutrients, Turbidity,
Coliforms, Iron.
OKLAWAHA RIVER...................... OKLAWAHA R/SUNNYHILL... 111 2740F Dissolved Oxygen,
Nutrients,
....................... ........... ........... Turbidity, Total
Suspended Solids,
Biochemical Oxygen
Demand, Coliforms.
OKLAWAHA RIVER...................... CROSS CREEK............ 112 2754 Dissolved Oxygen,
Nutrients, Total
Suspended Solids,
Biochemical Oxygen
Demand.
PEACE RIVER......................... PRAIRIE CREEK.......... 20 1962 Dissolved Oxygen,
Nutrients, Turbidity.
PEACE RIVER......................... PEACE R AB JOSHUA CK... 30 1623C Dissolved Oxygen,
Nutrients, Total
Suspended Solids,
Mercury (Based on Fish
Consumption Advisory).
PEACE RIVER......................... LIMESTONE CREEK........ 37 1921 Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids.
PEACE RIVER......................... PEACE R AB CHARLIE CK.. 39 1623D Coliforms, Nutrients,
Turbidity, Total
Suspended Solids,
Mercury (Based on Fish
Consumption Advisory).
PEACE RIVER......................... PEACE R AB OAK CK...... 41 1623E Nutrients, Turbidity,
Total Suspended
Solids, Mercury (Based
on Fish Consumption
Advisory).
PEACE RIVER......................... WHIDDEN CREEK.......... 61 1751 Nutrients, Turbidity,
Total Suspended
Solids, Dissolved
Oxygen.
PEACE RIVER......................... PEACE R AB BOWLEGS CK.. 66 1623J Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
PEACE RIVER......................... PEACE CR TRIB CANAL.... 68 1613 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity. Total
Suspended Solids,
PEACE RIVER......................... WEST WALES DRAINAGE CA. 71 1626 Dissolved Oxygen,
Nutrients, Turbidity.
PEACE RIVER......................... SADDLE CK BE L HANCOCK. 74 1623K Dissolved Oxygen,
Coliforms, Un-ionized
Ammonia, Nutrients,
Turbidity, Total
PEACE RIVER......................... WAHNETA FARMS DRAIN 81 1580 Dissolved Oxygen,
CANAL. Coliforms, Nutrients,
Turbidity.
[[Page 25131]]
PEACE RIVER......................... BANANA LAKE CANAL...... 92 1549A Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
PEACE RIVER......................... LAKE LENA RUN.......... 96 1501A Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
PEACE RIVER......................... PEACE CREEK DR CANAL... 97 1539 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids,
PENSACOLA BAY....................... PENSACOLA BAY.......... 2 548E Copper, Lead,
Biological Oxygen
Demand, Nutrients,
Turbidity, Total
Suspended.
PENSACOLA BAY....................... JONES CREEK............ 8 846A Coliforms, Dissolved
Oxygen, Nutrients,
Turbidity.
PENSACOLA BAY....................... JACKSON CREEK.......... 14 846B Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids, Turbidity.
PENSACOLA BAY....................... EAST RIVER BAY......... 18 701 Coliforms, Turbidity.
PENSACOLA BAY....................... ESCAMBIA BAY (S)....... 23 548B Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids, Turbidity.
PENSACOLA BAY....................... ESCAMBIA BAY........... 36 548A Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids, Turbidity.
PENSACOLA BAY....................... PACE MILL CREEK........ 46 420 Coliforms, Dissolved
Oxygen, Total
Suspended Solids,
Turbidity.
PERDIDO BAY......................... EIGHTMILE CREEK........ 21 624 Coliforms, Turbidity.
PERDIDO BAY......................... ELEVENMILE CREEK....... 22 489 Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen Demand,
Dissolved Oxygen,
Coliforms, Un-ionized
Ammonia.
PERDIDO RIVER....................... JACKS BRANCH........... 11 291 Coliforms, Dissolved
Oxygen, Turbidity.
PERDIDO RIVER....................... BRUSHY CREEK........... 36 4 Coliforms, Dissolved
Oxygen, Total
Suspended Solids,
Turbidity.
SARASOTA BAY........................ CLOWERS CREEK.......... 41 1975A Nutrients, Turbidity,
Coliforms.
SOUTHEAST FLORIDA COAST............. E. HOLLOWAY CANAL...... 48 3277B Nutrients, Dissolved
Oxygen, Total
Suspended Solids,
Biochemical Oxygen
Demand, Coliforms.
SOUTHEAST FLORIDA COAST............. S-7.................... 70 3263 Dissolved Oxygen,
Mercury, Nutrients,
Turbidity, Mercury
(Based on Fish
Consumption Advisory).
SOUTHEAST FLORIDA COAST............. WCA1 NORTH SECTOR...... 83 3252C Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids.
SOUTHEAST FLORIDA COAST............. CANAL E-4.............. 93 3256D Coliforms, Turbidity,
Nutrients.
SOUTHEAST FLORIDA COAST............. N. NEW RIVER CANAL..... 94 3248 Dissolved Oxygen,
Nutrients, Turbidity,
Total Suspended
Solids, Mercury (Based
on Fish Consumption
Advisory).
SOUTHEAST FLORIDA COAST............. HILSSBORO CANAL........ 95 3248A Dissolved Oxygen,
Coliforms, Un-ionized
Ammonia, Nutrients,
Turbidity.
SOUTHEAST FLORIDA COAST............. S-3.................... 96 3251 Dissolved Oxygen,
Nutrients, Turbidity,
Mercury (Based on Fish
Consumption Advisory).
SOUTHEAST FLORIDA COAST............. WEST PALM BEACH CANAL.. 102 3238 Dissolved Oxygen,
Coliforms, Un-ionized
Ammonia, Nutrients,
Turbidity, Total
Suspended Solids,
Mercury (Based on Fish
Consumption Advisory).
SOUTHEAST FLORIDA COAST............. 715 FARMS.............. 106 3247 Dissolved Oxygen, Un-
ionized Ammonia,
Nutrients, Turbidity,
Total Suspended
Solids.
SOUTHEAST FLORIDA COAST............. EAST BEACH............. 109 3244 Dissolved Oxygen, Un-
ionized Ammonia,
Nutrients, Turbidity,
Total Suspended
Solids.
SOUTHEAST FLORIDA COAST............. L-8.................... 111 3233 Dissolved Oxygen,
Nutrients, Turbidity,
Mercury (Based on Fish
Consumption Advisory).
SOUTHEAST FLORIDA COAST............. SOUTH FORK ST. LUCIE... 133 3210B Dissolved Oxygen,
Nutrients, Total
Suspended Solids,
Biochemical Oxygen
Demand, Coliforms.
[[Page 25132]]
ST JOHNS RIVER, LOWER............... MILL BRANCH............ 25 2592 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Biochemical
Oxygen Demand.
ST JOHNS RIVER, LOWER............... WEST RUN INTERCEPTER D. 28 2569 Dissolved Oxygen, Iron,
Silver, Nutrients,
Turbidity, Total
Suspended Solids,
Biochemical Oxygen
Demand.
ST JOHNS RIVER, LOWER............... DOG BRANCH............. 34 2578 Dissolved Oxygen,
Nutrients, Turbidity,
Lead.
ST JOHNS RIVER, LOWER............... RICE CREEK............. 36 2567A Dissolved Oxygen, Iron,
Lead, Cadmium, Silver,
Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen Demand.
ST JOHNS RIVER, LOWER............... MILL CREEK............. 77 2460 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Iron.
ST JOHNS RIVER, LOWER............... STJ RIV AB TROUT RIV... 87 2213D Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
ST JOHNS RIVER, LOWER............... SWIMMING PEN CREEK..... 94 2410 Nutrients, Lead,
Cadmium, Silver, Zinc,
Total Suspended
Solids.
ST JOHNS RIVER, LOWER............... GROG BRANCH............ 96 2407 Dissolved Oxygen,
Coliforms, Turbidity,
Iron, Total Suspended
Solids.
ST JOHNS RIVER, LOWER............... JULINGTON CREEK........ 115 2351 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Total
Suspended Solids.
ST JOHNS RIVER, LOWER............... GOODBYS CREEK.......... 138 2326 Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen.
ST JOHNS RIVER, LOWER............... FISHING CREEK.......... 145 2324 Dissolved Oxygen,
Copper, Nutrients,
Turbidity, Total
Suspended Solids.
ST JOHNS RIVER, LOWER............... BUTCHER PEN CREEK...... 151 2322 Coliforms, Copper,
Nutrients, Turbidity,
Total Suspended
Solids, Dissolved
Oxygen.
ST JOHNS RIVER, LOWER............... POTTSBURG CREEK........ 170 2265B Coliforms, Nutrients,
Copper, Turbidity.
ST JOHNS RIVER, LOWER............... WILLS BRANCH........... 178 2282 Copper, Nutrients,
Turbidity, Total
Suspended Solids,
Dissolved Oxygen,
Coliforms.
ST JOHNS RIVER, LOWER............... CEDAR RIVER............ 181 2262 Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Lead, Zinc,
Copper.
ST JOHNS RIVER, LOWER............... MCCOY CREEK............ 182 2262A Lead, Copper, Zinc,
Nutrients, Total
Suspended Solids.
ST JOHNS RIVER, LOWER............... STJ RIV AB ICWW........ 211 2213B Coliforms, Turbidity,
Total Suspended
Solids.
ST JOHNS RIVER, LOWER............... STJ RIV AB DAMES PT.... 212 2213C Nutrients, Turbidity,
Total Suspended
Solids.
ST JOHNS RIVER, LOWER............... ORTEGA RIVER........... 221 2213P Nutrients, Coliforms,
Lead, Copper, Total
Suspended Solids,
Dissolved Oxygen.
ST JOHNS RIVER, LOWER............... STJ RIV AB MOUTH....... 224 2213A Fluoride, Total
Suspended Solids.
ST JOHNS RIVER, LOWER............... LITTLE TROUT RIVER..... 236 2206 Nutrients, Total
Suspended Solids.
ST JOHNS RIVER, UPPER............... DRAINED FARMLAND....... 19 3140 Dissolved Oxygen,
Nutrients, Turbidity.
ST JOHNS RIVER, UPPER............... STJ RIV AB LK WASHINGT. 33 2893P Dissolved Oxygen, Iron,
Lead, Nutrients,
Turbidity, Mercury
(Based on Fish
Consumption Advisory).
ST JOHNS RIVER, UPPER............... STJ RIV AB LK POINSETT. 40 2893L Dissolved Oxygen,
Nutrients, Turbidity,
Mercury (Based on Fish
Consumption Advisory).
ST JOHNS RIVER, UPPER............... LONG BRANCH............ 52 3030 Dissolved Oxygen,
Coliforms, Iron,
Nutrients, Biochemical
Oxygen Demand,
Turbidity.
ST JOHNS RIVER, UPPER............... RAVENNA PARK DITCHES... 108 2962 Dissolved Oxygen,
Coliforms, Nutrients,
Iron, Turbidity.
ST JOHNS RIVER, UPPER............... STJ RIV AB WEKIVA R.... 113 2893C Dissolved Oxygen, Lead,
Nutrients, Total
Suspended Solids,
Biochemical Oxygen
Demand.
ST JOHNS RIVER, UPPER............... STJ RIV AB LAKE GEORGE. 123 2893Z Dissolved Oxygen,
Nutrients, Total
Suspended Solids.
[[Page 25133]]
ST MARKS RIVER...................... MUNSON SLOUGH (ABOVE 15 807D Dissolved Oxygen,
LAKE). Coliforms, Nutrients,
Turbidity.
ST MARKS RIVER...................... EAST DRAINAGE DITCH.... 23 916 Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen Demand,
Coliforms.
ST MARKS RIVER...................... ST AUGUSTINE BRANCH.... 28 865 Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen Demand,
Coliforms.
ST MARKS RIVER...................... CENTRAL DRAINAGE DITCH. 30 857 Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen Demand,
Chemical Oxygen
Demand, Coliforms.
ST MARKS RIVER...................... LAKE LAFAYETTE......... 31 756 Nutrients, Coliforms,
Turbidity.
ST MARKS RIVER...................... GODBY DITCH............ 36 820 Nutrients, Turbidity,
Total Suspended
Solids, Biochemical
Oxygen Demand.
ST MARYS RIVER...................... ST. MARYS RIVER........ 19 2097C Dissolved Oxygen,
Nutrients, Total
Suspended Solids,
Coliforms.
SUWANNEE RIVER, UPPER............... ROARING CREEK.......... 9 3392 Dissolved Oxygen,
Nutrients, Total
Suspended Solids,
Turbidity.
SUWANNEE RIVER, UPPER............... SWIFT CREEK............ 15 3375 Dissolved Oxygen,
Nutrients, Total
Suspended Solids.
TAMPA BAY........................... DELANEY CREEK.......... 34 1605 Dissolved Oxygen,
Coliforms, Lead,
Nutrients, Turbidity,
Biochemical Oxygen
Demand.
TAMPA BAY........................... YBOR CITY DRAIN........ 39 1584A Nutrients, Total
Suspended Solids,
Biochemical Oxygen
Demand, Chemical
Oxygen Demand.
TAMPA BAY........................... DIRECT RUNOFF TO BAY... 42 1603 Nutrients, Total
Suspended Solids,
Biochemical Oxygen
Demand, Chemical
Oxygen Demand.
TAMPA BAY........................... SIXMILE CREEK.......... 48 1536B Dissolved Oxygen,
Coliforms, Nutrients,
Turbidity, Biochemical
Oxygen Demand.
TAMPA BAY........................... ROCKY CREEK............ 60 1507 Dissolved Oxygen,
Coliforms, Nutrients,
Total Suspended
Solids.
TAYLOR CREEK........................ CHANDLER HAMMOCK SLOUGH 6 3199B Nutrients, Turbidity,
Dissolved Oxygen.
TAYLOR CREEK........................ TAYLOR CR.............. 7 3205 Dissolved Oxygen,
Nutrients, Turbidity.
WITHLACOOCHEE RIVER NORTH........... JUMPING GULLY CREEK.... 0 3318 Dissolved Oxygen,
Nutrients, Turbidity.
WITHLACOOCHEE RIVER NORTH........... WITHLACOOCHEE RIVER.... 2 3315 Dissolved Oxygen,
Nutrients, Turbidity,
Mercury (Based on Fish
Consumption Advisory).
YELLOW RIVER........................ YELLOW RIVER........... 1 30A Dissolved Oxygen,
Turbidity, Mercury
(Based on Fish
Consumption Advisory).
YELLOW RIVER........................ TURKEY CREEK........... 14 117 Coliforms, Turbidity.
YELLOW RIVER........................ YELLOW RIVER........... 21 30 Coliforms, Turbidity,
Mercury (Based on Fish
Consumption Advisory).
----------------------------------------------------------------------------------------------------------------
Final Modification of the NPDES General Permit for Storm Water
Discharges From Construction Activities Preface
Table of Contents
I. Coverage Under This Permit
II. Notice of Intent Requirements
III. Special Conditions, Management Practices, and Other Non-Numeric
Limitations
IV. Unpaved Rural Roads
V. Storm Water Pollution Prevention Plans
VI. Retention of Records
VII. Standard Permit Conditions
VIII. Reopener Clause
IX. Termination of Coverage
X. Definitions
The Clean Water Act (CWA) provides that storm water discharges
associated with industrial activity from a point source (including
discharges through a municipal separate storm sewer system) to waters
of the United States are unlawful, unless authorized by a National
Pollutant Discharge Elimination System (NPDES) permit. The terms
``storm water discharge associated with industrial activity'', ``point
source'' and ``waters of the United States'' are critical to
determining whether a facility is subject to this requirement. Complete
definitions of these terms are found in the definition section (Part X)
of this permit. The following modifies the previously issued NPDES
general permit for the discharges of storm water from construction
activities.
Part I. Coverage Under This Permit
A. Permit Area
The permit, except the parts listed below, covers all areas
administered by Region 4:
All Indian Country Lands within the State of Alabama, except Part IV
and
[[Page 25134]]
Part V.D.2.a.(1), NPDES Permit No. ALR10*##I
State of Florida, excluding Indian lands, NPDES Permit No. FLR10*###
All Indian Country Lands within the State of Florida, except Part IV
and Part V.D.2.a.(1), NPDES Permit No. FLR10*##I
All Indian Country Lands within the State of Mississippi, except Part
IV and Part V.D.2.a.(1), NPDES Permit No. MSR10*##I
All Indian Country Lands within the State of North Carolina, except
Part IV and Part V.D.2.a.(1), NPDES Permit No. NCR10*##I
B. Eligibility
1. This permit may authorize all discharges identified in the
pollution prevention plan of storm water associated with industrial
activity from construction sites (those sites or common plans of
development or sale, including unpaved roads, that will result in the
disturbance of five or more acres total land area or less than five
acres if the Director designates the site under Section 402(p)(2)(e) of
the CWA; henceforth referred to as storm water discharges from
construction activities) occurring after the effective date of this
permit (including discharges occurring after the effective date of this
permit where the construction activity was initiated before the
effective date of this permit), except for discharges identified under
paragraph I.B.3.
2. This permit may authorize storm water discharges from
construction sites that are mixed with storm water discharges
associated with industrial activity from industrial sources other than
construction, where:
a. The industrial source other than construction is located on the
same site as the construction activity;
b. Storm water discharges associated with industrial activity from
the areas of the site where construction activities are occurring are
in compliance with the terms of this permit; and
c. Storm water discharges associated with industrial activity from
the areas of the site where industrial activities other than
construction are occurring (including storm water discharges from
dedicated asphalt plants and dedicated concrete plants at the
construction site) are in compliance with the terms, including
applicable NOI or application requirements, of a different NPDES
general permit or individual permit authorizing such discharges.
3. Limitations on Coverage. The following storm water discharges
from construction sites are not authorized by this permit:
a. Storm water discharges associated with industrial activity that
originate from the site after construction activities have been
completed and the site has undergone final stabilization;
b. Discharges that are mixed with sources of non-storm water, other
than discharges identified in Part III.A of this permit which are in
compliance with Part V.D.5 (non-storm water discharges) of this permit;
c. Storm water discharges associated with construction activities
that are subject to an existing NPDES individual or general permit or
which are issued a permit in accordance with paragraph VII.N (requiring
an individual permit or an alternative general permit) of this permit.
Such discharges may be authorized under this permit after an existing
permit expires, provided the existing permit did not establish numeric
limitations for such discharges;
d. Storm water discharges from construction sites that the Director
(EPA) has determined to be or may reasonably be expected to be causing
or contributing to a violation of a water quality standard;
e. Storm water discharges from construction sites if the discharges
may adversely affect a listed or proposed to be listed endangered or
threatened species or its critical habitat;
(1) All applicants must follow the procedures provided at Appendix
C of this permit when applying for permit coverage.
(2) A discharge of storm water associated with construction
activity may be covered under this permit only if the applicant
certifies that they meet at least one of the following criteria.
Failure to continue to meet one of these criteria during the term of
the permit will result in the storm water discharges associated with
construction ineligible for coverage under this permit.
(a) The storm water discharge(s), and the construction and
implementation of Best Management Practices (BMPs) to control storm
water runoff, are not likely to adversely affect species identified in
Appendix C of this permit or critical habitat for a listed species; or
(b) The applicant's activity has received previous authorization
under Section 7 or section 10 of the Endangered Species Act and that
authorization addressed storm water discharges and/or BMPS to control
storm water runoff (e.g., developer included impact of entire project
in consultation over a wetlands dredge and fill permit under Section 7
of the Endangered Species Act); or
(c) The applicant's activity was considered as part of a larger,
more comprehensive assessment of impacts on endangered species under
Section 7 or Section 10 of the Endangered Species Act that which
accounts for storm water discharges and BMPs to control storm water
runoff (e.g., where an area-wide habitat conservation plan and Section
10 permit is issued which addresses impacts from construction
activities including those from storm water, or a National
Environmental Policy Act (NEPA) review is conducted which incorporates
ESA Section 7 procedures); or
(d) Consultation under Section 7 of the Endangered Species Act is
conducted for the applicant's activity which results in either a no
jeopardy opinion or a written concurrence on a finding of not likely to
adversely affect; or
(e) The applicant's activity was considered as part of a larger,
more comprehensive site-specific assessment of impacts on endangered
species by the owner or other operator of the site and that permittee
certified eligibility under item (a), (b), (c), or (d) above (e.g.
owner was able to certify no adverse impacts for the project as a whole
under item (a), so the contractor can then certify under item (e)).
(3) The applicant must comply with any terms and conditions imposed
under the eligibility requirements of paragraphs (1)(a), (b), (c), (d),
or (e) above to ensure that storm water discharges or BMPs to control
storm water runoff are protective of listed endangered and threatened
species and/or critical habitat. Such terms and conditions must be
incorporated in the applicant's storm water pollution prevention plan.
(4) For the purposes of conducting consultation to meet the
eligibility requirements of paragraph (1)(d) above, applicants are
designated as non-Federal representatives. See 50 CFR 402.08. However,
applicants who choose to conduct consultation as a non-Federal
representative must notify EPA and the appropriate Office of the Fish
and Wildlife Service office in writing of that decision.
(5) This permit does not authorize any ``taking'' (as defined under
Section 9 of the Endangered Species Act) of endangered or threatened
species.
(6) This permit does not authorize any storm water discharges, nor
require any BMPs to control storm water runoff, that are likely to
jeopardize the continued existence of any species that are listed as
endangered or threatened under the Endangered Species Act or result in
the adverse modification or destruction of habitat that is designated
as critical under the Endangered Species Act.
[[Page 25135]]
f. Storm water discharges that would affect a property that is
listed or is eligible for listing in the National Historic Register
maintained by the Secretary of Interior may be in violation of the
National Historic Preservation Act. A discharge of storm water
associated with construction activity may be covered under this permit
only if the applicant certifies that either:
(1) The storm water discharge(s), and the construction and
implementation of BMPs to control storm water runoff, do not affect a
property that is listed or is eligible for listing in the National
Historic Register maintained by the Secretary of Interior; or,
(2) The applicant consults with the State Historic Preservation
Officer (SHPO) or the Tribal Historic Preservation Officer (THPO) on
the potential for adverse effects which results in a no effect finding;
or
(3) The applicant has obtained and is in compliance with a written
agreement between the applicant and the SHPO or THPO that outlines all
measures to be undertaken by the applicant to mitigate or prevent
adverse effects to the historic property; or
(4) The applicant agrees to implement and comply with the terms of
a written agreement between another owner/operator (e.g., subdivision
developer, property owner, etc.) and the SHPO or THPO that outlines all
measures to be undertaken by operators on the site to mitigate or
prevent adverse effects to the historic property; or
(5) The applicant's activity was considered as part of a larger,
more comprehensive site-specific assessment of effects on historic
properties by the owner or other operator of the site and that
permittee certified eligibility under item (1), (2), (3), or (4) above.
g. Discharges of storm water associated with industrial activity
from construction sites not specifically identified in the pollution
prevention plan in accordance with Part V of this permit. Such
discharges not identified in the plan are subject to the upset and
bypass rules in Part VII of this permit.
C. Authorization
1. A discharger must submit a Notice of Intent (NOI) in accordance
with the requirements of Part II of this permit, using an NOI form
provided by the Director (or a photocopy thereof), in order for storm
water discharges from construction sites to be authorized to discharge
under this general permit.\1\
---------------------------------------------------------------------------
\1\ A copy of the approved NOI form is provided in Appendix A of
this notice.
---------------------------------------------------------------------------
2. Where a new operator is selected after the submittal of an NOI
under Part II, a new NOI must be submitted by the operator in
accordance with Part II, using an NOI form provided by the Director (or
a photocopy thereof).
3. Unless notified by the Director to the contrary, dischargers who
submit an NOI in accordance with the requirements of this permit are
authorized to discharge storm water from construction sites under the
terms and conditions of this permit 2 days after the date that the NOI
is postmarked. The Director may deny coverage under this permit and
require submittal of an application for an individual NPDES permit
based on a review of the NOI or other information (see Part VII.L of
this permit).
Part II. Notice of Intent Requirements
A. Deadlines for Notification.
1. Except as provided in paragraphs II.A.2, II.A.3, II.A.4, and
II.A.5, individuals who intend to obtain coverage under this general
permit for storm water discharges from a construction site (where
disturbances associated with the construction project commence before
the effective date of this permit), including unpaved rural roads,
shall submit a Notice of Intent (NOI) in accordance with the
requirements of this Part within 30 days of the effective date of this
permit;
2. Individuals who intend to obtain coverage under this general
permit for storm water discharges from a construction site, including
unpaved rural roads, where disturbances associated with the
construction project commence after April 28, 2000, shall submit an NOI
in accordance with the requirements of this Part, at least 2 days prior
to the commencement of construction activities (e.g. the initial
disturbance of soils associated with clearing, grading, excavation
activities, or other construction activities). Prior to submitting this
NOI, except for owners of facilities located within Indian country, as
defined in 18 U.S.C. 1151, the owner of a storm water management system
must receive a State of Florida storm water or environmental resource
permit from either the Florida Department of Environmental Protection
(FDEP) or a Florida Water Management District (FWMD);
3. For storm water discharges from construction sites, including
unpaved rural roads, where the operator changes (including projects
where an operator is selected after an NOI has been submitted under
Parts II.A.1 or II.A.2), an NOI in accordance with the requirements of
this Part shall be submitted at least 2 days prior to when the operator
commences work at the site; and
4. EPA will accept an NOI in accordance with the requirements of
this Part after the dates provided in Parts II.A.1, 2 or 3 of this
permit. EPA shall, in such instances, use its discretion in initiating
any appropriate enforcement actions.
5. Applicants who have submitted a completed NOI for coverage under
the administratively continued previous general permit, issued
September 25, 1992 (57 FR 44412), or applicants who have submitted a
completed NOI for coverage under the general permit after its
expiration shall automatically receive coverage under today's permit.
If the applicant cannot certify that they meet all applicable
eligibility requirements of Part I.B of today's permit or cannot be
covered by, or comply with, the terms and conditions of this permit,
then the applicant shall notify the director, in accordance with the
requirements of Part IX of this permit, within 90 days of the effective
date of this permit.
B. Contents of Notice of Intent
Notices of Intent, as referenced in Appendix A, submitted to the
permit issuing authority shall be signed in accordance with Part VII.G
of this permit by all of the entities identified in Part II.B.2. The
NOI shall include the following information:
1. The mailing address, and location (including the county) of the
construction site for which the notification is submitted. Where a
mailing address for the site is not available, the location of the
approximate center of the site must be described in terms of the
latitude and longitude to the nearest 15 seconds, or the section,
township and range to the nearest quarter section;
2. The name, address and telephone number of the operator(s) with
day to day operational control that have been identified at the time of
the NOI submittal, and operator status as a Federal, State, private,
public or other entity. Where multiple operators have been selected at
the time of the initial NOI submittal, NOIs must be attached and
submitted in the same envelope. When an additional operator submits an
NOI for a site with a existing NPDES permit, the NOI for the additional
operators must indicate the number for the existing NPDES permit;
3. The location of the first outfall in latitude and longitude to
the nearest 15 seconds and the name of the receiving water(s) into
which that outfall discharges, or if the discharge is through a
municipal separate storm sewer, the
[[Page 25136]]
name of the municipal operator of the storm sewer and the ultimate
receiving water(s). (All other outfalls must be listed in the pollution
prevention plan as required by Part V.);
4. The permit number of any NPDES permit(s) for any discharge(s)
(including any storm water discharges or non-storm water discharges)
from the site;
5. An indication of whether the owner or operator has existing
quantitative data which describes the concentration of pollutants in
storm water discharges (existing data should not be included as part of
the NOI); and
6. An estimate of project start date and completion dates,
estimates of the number of acres of the site on which soil will be
disturbed, and a certification that a storm water pollution prevention
plan has been prepared for the site in accordance with Part V of this
permit. (A copy of the plans or permits should not be included with the
NOI submission). For activities located in the State of Florida, the
applicant shall submit a narrative statement certifying that the storm
water pollution prevention plan for the facility provides compliance
with approved State of Florida issued permits, erosion and sediment
control plans and storm water management plans. The applicant shall
also submit a copy of the cover page of the State permit issued by FDEP
or a FWMD to the facility for the storm water discharges associated
with construction activity.
7. A certification that a storm water pollution prevention plan,
including both construction and post-construction controls, has been
prepared for the site in accordance with Part IV of this permit, and
such plan provides compliance with approved State/Tribal and/or local
sediment and erosion plans or permits and/or storm water management
plans or permits in accordance with Part IV.D.2.d of this permit. (A
copy of the plans or permits should not be included with the NOI
submission). The applicant shall also submit a copy of the cover page
of the State permit issued by FDEP or a FWMD to the facility for the
storm water discharges associated with construction activity.
8. Whether, based on the instructions in Appendix C, any species
identified in Appendix C are in proximity to the storm water discharges
covered by this permit or the BMPs to be used to comply with permit
conditions.
9. Under which section(s) of Part I.B.3.e.(2) (Endangered Species)
and Part I.B.3.f. (Historical Preservation) the applicant is certifying
eligibility.
10. The following certifications shall be signed in accordance with
Part VII.G.
``I certify, under penalty of law, that I have read and
understand the Part I.B. eligibility requirements for coverage under
the general permit for storm water discharges from construction
activities, including those requirements relating to the protection
of endangered species identified in Appendix C.''
``To the best of my knowledge the discharges covered under this
permit, and the construction and operation of BMPs to control storm
water runoff, are not likely to adversely affect any species
identified in Appendix C of this permit, or are otherwise eligible
for coverage under this permit, in accordance with Part I.B.3.e of
the permit, due to previous authorization under the Endangered
Species Act, or agreement to implement protective measures required
by the Director as a condition of eligibility.''
``I further certify, to the best of my knowledge, that such
discharges, and construction of BMPs to control storm water runoff,
do not have an effect on properties listed or eligible for listing
on the National Register of Historic Places under the National
Historic Preservation Act, or are otherwise eligible for coverage,
in accordance with Part I.B.3.f. of the permit, due to a previous
agreement under the National Historic Preservation Act.''
``I understand that continued coverage under this storm water
general permit is contingent upon maintaining eligibility as
provided for in Part I.B.''
C. Where To Submit
1. Facilities which discharge storm water associated with
industrial activity must use an NOI form provided by the Director (or
photocopy thereof). Currently, applicants may use the NOI form
published in the September 29, 1995 Federal Register (60 FR 51265). The
final version of the NOI form proposed in the June 2, 1997 Federal
Register (62 FR 29785) shall be used when published in the Federal
Register. Forms are also available by calling (404) 562-9296. NOIs must
be signed in accordance with Part VII.G of this permit. NOIs are to be
submitted to the Director of the NPDES program in care of the following
address: Storm Water Notice of Intent (4203), 401 M Street, SW., Room
2104, Northeast Mall, Washington, DC 20460.
2. A copy of the NOI, or other indication that storm water
discharges from the site are covered under an NPDES permit, and a brief
description of the project shall be posted at the construction site in
a prominent place for public viewing (such as alongside a building
permit).
D. Additional Notification
Facilities which are operating under approved State or local
sediment and erosion plans, grading plans, or storm water management
plans shall also submit signed copies of the Notice of Intent to the
State or local agency approving such plans in accordance with the
deadlines in Part II.A of this permit (or sooner where required by
State or local rules). Facilities which discharge storm water
associated with construction activities to a municipal separate storm
water system within Broward, Dade, Duval, Escambia, Hillsborough, Lee,
Leon, Manatee, Orange, Palm Beach, Pasco, Pinellas, Polk, Sarasota or
Seminole Counties shall submit a copy of the NOI to the operator of the
municipal separate storm sewer system. Included within these counties,
the Florida Department of Transportation (FDOT), incorporated
municipalities, and Chapter 298 Special Districts shall also be
notified where they own or operate a municipal separate storm sewer
system receiving storm water discharges associated with construction
activity covered by this permit.
E. Permit Renewal
If this general permit is not reissued prior to its expiration
date, all facilities desiring to retain continued coverage shall submit
another NOI form at least 180 days prior to the expiration of this
permit. This submittal shall also satisfy the notification requirement
to be covered under the reissued permit.
Part III. Special Conditions, Management Practices, and Other Non-
Numeric Limitations
A. Prohibition on Non-Storm Water Discharges
1. Except as provided in paragraph I.B.2 and III.A.2, all
discharges covered by this permit shall be composed entirely of storm
water.
2. a. Except as provided in paragraph III.A.2.(b), discharges of
material other than storm water must be in compliance with an NPDES
permit (other than this permit) issued for the discharge.
b. The following non-storm water discharges may be authorized by
this permit provided the non-storm water component of the discharge is
in compliance with paragraph V.D.5 and the storm water management
system is designed to accept these discharges and provide treatment of
the non-storm water component sufficient to meet Florida water quality
standards: Discharges from fire fighting activities; fire hydrant
flushings; waters used to spray off loose solids from vehicles (waste
waters from a more thorough cleaning, including the use of detergents
or other cleaners is not authorized by this part) or control dust in
accordance with Part V.D.2.c.(2); potable water sources including
waterline flushings;
[[Page 25137]]
irrigation drainage; routine external building washdown 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 conditioning
condensate; springs; and foundation or footing drains where flows are
not contaminated with process materials such as solvents. Discharges
resulting from ground water dewatering activities at construction sites
are not covered by this permit. Applicants in the State of Florida
seeking coverage for these discharges must contact the Florida
Department of Environmental Protection.
B. Releases in Excess of Reportable Quantities
1. The discharge of hazardous substances or oil in the storm water
discharge(s) from a facility shall be prevented or minimized in
accordance with the applicable storm water pollution prevention plan
for the facility. This permit does not relieve the permittee of the
reporting requirements of 40 CFR part 117 and 40 CFR part 302. Where a
release containing a hazardous substance in an amount equal to or in
excess of a reporting quantity established under either 40 CFR 117 or
40 CFR 302, occurs during a 24-hour period:
a. The permittee is required to notify the National Response Center
(NRC) (800-424-8802 or for Region 4, 404-562-8702) in accordance with
the requirements of 40 CFR 117 and 40 CFR 302 as soon as he or she has
knowledge of the discharge;
b. The permittee shall submit within 14 calendar days of knowledge
of the release a written description of: The release (including the
type and estimate of the amount of material released), the date that
such release occurred, the circumstances leading to the release, and
steps to be taken in accordance with Part III.B.3 of this permit to EPA
Region 4 Office at the address provided in Part VI.C (addresses) of
this permit; and
c. The storm water pollution prevention plan required under Part V
of this permit must be modified within 14 calendar days of knowledge of
the release to: provide a description of the release, the circumstances
leading to the release, and the date of the release. In addition, the
plan must be reviewed to identify measures to prevent the reoccurrence
of such releases and to respond to such releases, and the plan must be
modified where appropriate.
2. Spills. This permit does not authorize the discharge of
hazardous substances or oil resulting from an on-site spill.
C. Discharges to Impaired Waters
Facilities that have coverage under this general permit prior to
its modification on July 1, 2000 shall be in compliance with Parts
III.C.1. through 5. within 30 days of the effective date of this
modification.
Facilities that apply for coverage under the general permit after
July 1, 2000 which discharge storm water from construction activities
directly to waters of the United States which are listed on the EPA
approved 303(d) list (or any subsequently approved list, hereafter
referenced as EPA approved 303(d) list) for total suspended solids
(TSS), or other indicators of solids transportation such as turbidity,
siltation or sedimentation, see Appendix D, shall comply with the
following:
1. The permittee shall monitor by grab sample, during regular
working hours, once per month within the first 30 minutes of a
qualifying event or within the first 30 minutes of the beginning of the
discharge of a previously collected qualifying event for Settleable
Solids (ml/l), Total Suspended Solids (mg/l), Turbidity (NTUs) and Flow
(MGD).
2. Where the receiving water has flow upstream from the discharge,
a background sample for Settleable Solids, Total Suspended Solids and
Turbidity shall be taken instream at middepth and immediately upstream
from the influence of the discharge of storm water from the site.
3. The soil type and average slope of the drainage area for each
outfall shall be reported with the Discharge Monitoring Report
submitted in accordance with Part III.C.5. of the permit.
4. A qualifying event for the purpose of this section is a rain
event of 0.5 inches or greater in a 24-hour period.
5. Data collected in accordance with Part III.C. of the permit
shall be submitted to EPA once per month.
This permit does not authorize the discharge of storm water, from
construction activities, which causes or contributes to the impairment
of the designated use of waters of the United States.
Part IV. Unpaved Rural Roads
A. Applicability. The provisions of this part are applicable to the
construction of roads, except roads constructed and associated with
silviculture and agricultural activities as defined by 40 CFR Part 122,
that disturb five (5) acres or more and will remain unpaved after
construction is complete.
B. Construction. In the State of Florida, construction of unpaved
rural roads where the possibility of a point source discharge to
surface waters exists, must all erosion and sediment controls and storm
water management practices as needed to be consistent with the
requirements set forth in State Water Policy (Chapter 62-40, FAC), the
applicable storm water or environmental resource permitting
requirements of the FDEP or appropriate FWMD, and the guidelines
contained in the Florida Development Manual: A Guide to Sound Land and
Water Management (FDEP, 1988) and any subsequent amendments.
C. Notice of Termination. Where a site has been finally stabilized
and all storm water discharges from construction activities that are
authorized by this permit are eliminated (see Part IX.A.5. for the
definition of eliminated), or where the operator of all storm water
discharges at a facility changes, the operator of the facility may
submit a Notice of Termination that is signed in accordance with Part
VII.G of this permit.
Part V. Storm Water Pollution Prevention Plans
A storm water pollution prevention plan shall be developed for each
construction site covered by this permit. Storm water pollution
prevention plans shall be prepared in accordance with good engineering
practices. The plan shall identify potential sources of pollution which
may reasonably be expected to affect the quality of storm water
discharges from the construction site. In addition, the plan shall
describe and ensure the implementation of practices which will be used
to reduce the pollutants in storm water discharges associated with
industrial activity at the construction site and to assure compliance
with the terms and conditions of this permit. Facilities must implement
the provisions of the storm water pollution prevention plan required
under this part as a condition of this permit.
A. Deadlines for Plan Preparation and Compliance
The plan shall:
1. Be completed (including certifications required under Part V.E)
prior to the submittal of an NOI to be covered under this permit and
updated as appropriate;
2. The plan shall provide for compliance with the terms and
schedule of the plan beginning with the initiation of construction
activities.
[[Page 25138]]
B. Signature and Plan Review
1. The plan shall be signed in accordance with Part VII.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 submit plans to the State agency which
issued the storm water or environmental resource permit referenced in
Part II.B.6. and shall make plans available upon request to the
Director; a State or local agency approving sediment and erosion plans,
grading plans, or storm water management plans; or in the case of a
storm water discharge associated with industrial activity which
discharges through a municipal separate storm sewer system with an
NPDES permit, to the municipal operator of the system.
3. The Director may notify the permittee at any time that the plan
does not meet one or more of the minimum requirements of this Part.
Such notification shall identify those provisions of the permit which
are not being met by the plan, and identify which provisions of the
plan requires modifications in order to meet the minimum requirements
of this Part. Within 7 days of such notification from the Director, (or
as otherwise provided by the Director), or authorized representative,
the permittee shall make the required changes to the plan and shall
submit to the Director a written certification that the requested
changes have been made.
C. Keeping Plans Current.
The permittee shall amend the plan whenever there is a change in
design, construction, operation, or maintenance, which has a
significant effect on the potential for the discharge of pollutants to
the waters of the United States, including the addition of or change in
location of storm water discharge points, and which has not otherwise
been addressed in the plan or if the storm water pollution prevention
plan proves to be ineffective in eliminating or significantly
minimizing pollutants from sources identified under Part V.D.2 of this
permit, or in otherwise achieving the general objectives of controlling
pollutants in storm water discharges associated with construction
activity. In addition, the plan shall be amended to identify any new
contractor and/or subcontractor that will implement a measure of the
storm water pollution prevention plan (see Part V.E). Amendments to the
plan shall be prepared, dated, and kept as separate documents from the
original plan. The amendments to the plan may be reviewed by EPA in the
same manner as Part V.B above. Amendments to the plan must be submitted
to the State agency which issued the State storm water or environmental
resource permit.
D. Contents of Plan
The storm water pollution prevention plan shall include the
following items:
1. Site Description. Each plan shall provide a description of
pollutant sources and other information as indicated:
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);
c. Estimates of the total area of the site and the total area of
the site that is expected to be disturbed by excavation, grading, or
other activities;
d. An estimate of the runoff coefficient of the site before, during
and after construction activities are completed using ``C'' from the
Rational Method, and existing data describing the soil or the quality
of any discharge from the site and an estimate of the size of the
drainage area for each outfall;
e. A site map indicating drainage patterns and approximate slopes
anticipated after major grading activities, areas of soil disturbance,
an outline of areas which may not be disturbed, the location of major
structural and nonstructural controls identified in the plan, the
location of areas where stabilization practices are expected to occur,
surface waters (including wetlands), and locations where storm water is
discharged to a surface water; and,
f. The location in terms of latitude and longitude, to the nearest
15 seconds, of each outfall, the name of the receiving water(s) for
each outfall and the amount of any wetland acreage at the site.
2. Controls. Each plan shall include a description of appropriate
controls and measures that will be implemented at the construction
site. The plan will clearly describe for each major activity identified
in Part V.D.1.b appropriate control measures and the timing during the
construction process that the measures will be implemented. (For
example, perimeter controls for one portion of the site will be
installed after the clearing and grubbing necessary for installation of
the measure, but before the clearing and grubbing for the remaining
portions of the site. Perimeter controls will be actively maintained
until final stabilization of those portions of the site upward of the
perimeter control. Temporary perimeter controls will be removed after
final stabilization). All controls shall be consistent with the
requirements set forth in the State Water Policy of Florida (Chapter
62-40, Florida Administrative Code), the applicable storm water or
environmental resource permitting requirements of the FDEP or
appropriate FWMD, and the guidelines contained in the Florida
Development Manual: A Guide to Sound Land and Water Management (FDEP,
1988) and any subsequent amendments. The description and implementation
of controls shall address the following minimum components:
a. Erosion and Sediment Controls. (1) Stabilization Practices. A
description of interim and permanent stabilization practices, including
site-specific scheduling of the implementation of the practices. Site
plans should ensure that existing vegetation is preserved where
attainable and that disturbed portions of the site are stabilized.
Stabilization practices may include: temporary seeding, permanent
seeding, mulching, geotextiles, sod stabilization, vegetative buffer
strips, protection of trees, preservation of mature vegetation, and
other appropriate measures. A record of the dates when major grading
activities occur, when construction activities temporarily or
permanently cease on a portion of the site and when stabilization
measures are initiated shall be included in the plan. Stabilization
measures shall be initiated as soon as practicable, but in no case more
than 14 days, in portions of the site where construction activities
have temporarily or permanently ceased.
(2) Structural Practices. A description of structural practices, to
divert flows from exposed soils, store flows or otherwise limit runoff
and the discharge of pollutants from exposed areas of the site; and in
the State of Florida, in accordance with the requirements set forth in
Section 62-40, 420, FAC, and the applicable storm water or
environmental resource regulations of the FDEP or appropriate FWMD.
Such practices may include silt fences, earth dikes, drainage swales,
sediment traps, check dams, subsurface drains, pipe slope drains, level
spreaders, storm drain inlet protection, rock outlet protection,
reinforced soil retaining systems, gabions, and temporary or permanent
sediment basins. Structural practices should be placed on upland soils
unless a State of Florida wetland resource management permit or
environmental resource permit issued pursuant to Chapters 373 or 403,
FS, and applicable regulations of the FDEP or FWMD authorize otherwise.
The
[[Page 25139]]
installation of these devices may be subject to Section 404 of the CWA.
(a) For common drainage locations that serve an area with more than
10 disturbed acres at one time, 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. The 3,600 cubic feet of storage area
per acre drained does not apply to 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. For drainage locations which serve more
than 10 disturbed acres at one time and where a temporary sediment
basin providing 3,600 cubic feet of storage per acre drained, or
equivalent controls are not attainable, smaller sediment basins and/or
sediment traps should be used. At a minimum, silt fences, or equivalent
sediment controls are required for all sideslope and downslope
boundaries of the construction area.
(b) For drainage locations serving less than 10 acres, sediment
basins and/or sediment traps should be used. At a minimum, silt fences
or equivalent sediment controls are required for all sideslope and
downslope boundaries of the construction area unless or a sediment
basin providing storage for 3,600 cubic feet of storage per acre
drained is provided.
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. In the State of Florida, the description of
controls shall be consistent with the requirements set forth in the
State Water Policy of Florida (Chapter 62-40, FAC), the applicable
storm water or environmental resource permitting regulations of the
guidelines contained in the Florida Development Manual: A Guide to
Sound Land and Water Management (FDEP, 1988), and any subsequent
amendments. Structural measures should be placed on upland soils unless
a State of Florida wetland resource management permit or environmental
resource permit issued pursuant to Chapters 373 or 403, FS, and
applicable regulations of the FDEP or FWMD authorize otherwise. The
installation of these devices may be subject to Section 404 of the CWA.
This NPDES permit only addresses the installation of storm water
management measures, and not the ultimate operation and maintenance of
such structures after the construction activities have been completed
and the site has undergone final stabilization. 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 industrial activity have been eliminated from the site. However,
all storm water management systems shall be operated and maintained in
perpetuity after final stabilization in accordance with requirements
set forth in the State of Florida storm water or environmental resource
permit issued for the site.
(1) Such practices may include: 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). In the State of Florida, pursuant to the
requirements of section 62-40.432, FAC, the storm water management
system shall be designed to remove at least 80 percent of the average
annual load of pollutants which cause or contribute to violations of
water quality standards ( 95 percent if the system discharges to an
Outstanding Florida Water). The pollution prevention plan 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 for the purpose
of providing a non-erosive velocity flow 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). Equalization of the
predevelopment and post-development storm water peak discharge rate and
volume shall be a goal in the design of the post-development storm
water management system.
c. Other Controls. (1) Waste Disposal. No solid materials,
including building materials, shall be discharged to waters of the
United States, except as authorized by a Section 404 permit and by a
State of Florida wetland resource management permit or environmental
resource permit issued pursuant to chapters 373 or 403, FS, and the
applicable regulations of the FDEP or FWMD.
(2) Off-site vehicle tracking of sediments and the generation of
dust shall be minimized.
(3) The plan shall ensure and demonstrate compliance with
applicable State and/or local waste disposal, sanitary sewer or septic
system regulations.
(4) The plan shall address the proper application rates and methods
for the use of fertilizers and pesticides at the construction site and
set forth how these procedures will be implemented and enforced.
Nutrients will be applied only at rates necessary to establish and
maintain vegetation such that discharges will not cause or contribute
to violations of State surface or ground water quality standards.
(5) The plan shall ensure that the application, generation, and
migration of toxic substances are limited and that toxic materials are
properly stored and disposed.
d. Approved State or Local Plans. (1) Facilities which discharge
storm water associated with construction activity must include in their
storm water pollution prevention plan procedures and 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. Permittees shall provide a
certification in their storm water pollution prevention plan that their
storm water pollution prevention plan reflects requirements 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. Permittees shall
comply with any such requirements during the term of the permit. This
provision does not apply to provisions of master plans, comprehensive
plans, non-enforceable guidelines or technical guidance documents that
are not identified in a specific plan or permit that is issued for the
construction site.
(2) Storm water pollution prevention plans must be amended to
reflect any change 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 or local
officials, for which the permittee receives written notice. Where the
permittee receives such written notice of a change, the permittee shall
provide a recertification in the storm water pollution plan that the
storm water pollution prevention plan has been modified to address such
changes.
(3) Dischargers seeking alternative permit requirements shall
submit an individual permit application in accordance with Part VII.L
of the permit
[[Page 25140]]
at the address indicated in Part V.C of this permit for the appropriate
Regional Office, along with a description of why requirements in
approved State or local plans or permits, or changes to such plans or
permits should not be applicable as a condition of an NPDES permit.
3. Maintenance. A description of procedures to ensure the timely
maintenance of vegetation, erosion and sediment controls and other
protective measures identified in the site plan.
4. Inspections. Qualified personnel (one who is provided by the
discharger and who has completed the Florida Storm water, Erosion and
Sediment Control Training and Certification Program for Inspectors and
Contractors and who has passed the examination) shall inspect all
points of discharge into waters of the United States or to a municipal
separate storm sewer system and all disturbed areas of the construction
site that have not been finally stabilized, areas used for storage of
materials that are exposed to precipitation, structural control
measures, structural control measures, and locations where vehicles
enter or exit the site at least once every seven calendar days and
within 24 hours of the end of a storm that is 0.25 inches or greater.
Where sites have been finally stabilized; such inspection shall be
conducted at least once every month.
a. Disturbed areas and areas used for storage of materials that are
exposed to precipitation shall be inspected for evidence of, or the
potential for, pollutants entering the storm water system. The storm
water management system and erosion and sediment control measures
identified in the plan shall be observed to ensure that they are
operating correctly. In the State of Florida, where discharge locations
or points are accessible, they shall be inspected to ascertain whether
erosion control measures are effective in meeting the performance
standards set forth in State Water Policy (chapter 62-40, FAC) and the
applicable storm water or environmental resource permitting regulations
of the FDEP or appropriate FWMD. Locations where vehicles enter or exit
the site shall be inspected for evidence of offsite sediment tracking.
b. Based on the results of the inspection, the site description
identified in the plan in accordance with paragraph V.D.1 of this
permit and pollution prevention measures identified in the plan in
accordance with paragraph V.D.2 of this permit shall be revised as
appropriate, but in no case later than 7 calendar days following the
inspection. Such modifications shall provide for timely implementation
of any changes to the plan within 7 calendar days following the
inspection.
c. A report summarizing the scope of the inspection, name(s) and
qualifications of personnel making the inspection, the date(s) of the
inspection, major observations relating to the implementation of the
storm water pollution prevention plan, and actions taken in accordance
with paragraph V.D.4.b of the permit shall be made and retained as part
of the storm water pollution prevention plan for at least three years
from the date that the site is finally stabilized. Such reports shall
identify any incidents of non-compliance. Where a report does not
identify any incidents of non-compliance, the report shall contain a
certification that the facility is in compliance with the storm water
pollution prevention plan and this permit. The report shall be signed
in accordance with Part VII.G of this permit.
5. Non-Storm Water Discharges--Except for flows from fire fighting
activities, sources of non-storm water listed in Part III.A.2 of this
permit that are combined with storm water discharges associated with
construction activity must be identified in the plan. The plan shall
identify and ensure the implementation of appropriate pollution
prevention measures for the non-storm water component(s) of the
discharge.
E. Contractors
1. The storm water pollution prevention plan must clearly identify,
for each measure identified in the plan, the contractor(s) and/or
subcontractor(s) that will implement the measure. All contractors and
subcontractors identified in the plan must sign a copy of the
certification statement in Part V.E.2 of this permit in accordance with
Part VII.G of this permit. All certifications must be included in the
storm water pollution prevention plan.
2. Certification Statement. All contractors and subcontractors
identified in a storm water pollution prevention plan in accordance
with Part V.E.1 of this permit shall sign a copy of the following
certification statement before conducting any professional service
identified in the storm water pollution prevention plan:
``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 in accordance with Part VII.G of this permit;
the name, address and telephone number of the contracting firm; the
address (or other identifying description) of the site; and the date
the certification is made.
Part VI. Retention of Records
A. The permittee shall retain copies of storm water pollution
prevention plans and all reports required by this permit, and records
of all data used to complete the Notice of Intent to be covered by this
permit, for a period of at least three years from the date that the
site is finally stabilized. This period may be extended by request of
the Director at any time.
B. The permittee shall retain a copy of the storm water pollution
prevention plan required by this permit at the construction site from
the date of project initiation to the date of final stabilization.
C. Addresses. Except for the submittal of NOIs (Part II.C) and NOTs
(Part IX), all written correspondence directed to the U.S.
Environmental Protection Agency concerning discharges in the State of
Florida or an Indian lands located in Region 4, and subject to coverage
under this permit, including the submittal of individual permit
applications, shall be sent to the address listed below: U.S. EPA,
Region 4, Surface Water Permits Section, Water Management Division,
Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303.
Part VII. Standard Permit Conditions
A. Duty To Comply
1. The permittee must comply with all conditions of this permit.
Any permit noncompliance constitutes a violation of the CWA and is
grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or for denial of a permit renewal
application.
2. Penalties for Violations of Permit Conditions.
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 1 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
[[Page 25141]]
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 2 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 4 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 $25,000 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 $10,000 per violation nor shall
the maximum amount exceed $25,000.
(2) Class II penalty. Not to exceed $10,000 per day for each day
during which the violation continues nor shall the maximum amount
exceed $125,000.
B. Continuation of the Expired General Permit
This permit expires at midnight 5 years from April 28, 2000. If
this general permit is not reissued prior to its expiration date, all
facilities desiring to retain continued coverage shall submit another
NOI form at least 180 days prior to the expiration of this permit. This
submittal shall also satisfy the notification requirement to be covered
under the reissued permit. Facilities that have not obtained coverage
under this permit by the expiration date of this permit cannot become
authorized to discharge under the continued permit.
The authorization to discharge under the continued previous general
permit, issued on September 25, 1992 (57 FR 44412), expired 90 days
from February 23, 1998.
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 within
a reasonable time to the Director; an authorized representative of the
Director; a State or local agency approving sediment and erosion plans,
grading plans, or storm water management plans; or in the case of a
storm water discharge associated with industrial activity which
discharges through a municipal separate storm sewer system with an
NPDES permit, to the municipal operator of the system, 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, 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 shall be signed as follows:
a. For a corporation: By a responsible corporate officer. For the
purpose of this section, a responsible corporate officer means: (1) 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
(2) 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 the 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
individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named
position).
c. Changes to authorization. If an authorization under paragraph
II.B.3. is no longer accurate because a different operator has
responsibility for the overall operation of the construction site, a
new notice of intent satisfying the requirements of paragraph II.B.
must be submitted to the Director prior to or together with any
reports, information, or applications to be signed by an authorized
representative.
d. Certification. Any person signing documents under paragraph
VII.G shall make the following certification:
``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
[[Page 25142]]
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.''
H. Penalties for Falsification of Reports
Section 309(c)(4) of the Clean Water Act provides that any person
who knowingly makes any false material statement, representation, or
certification in any record or other document submitted or required to
be maintained under this permit, including reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than 2 years, or by both.
I. Penalties for Falsification of Monitoring Systems
The Clean Water Act provides that any person who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method
required to be maintained under this permit shall, upon conviction, be
punished by a fine of not more than $10,000, or by imprisonment for not
more than 2 years, or both. If a conviction of a person is for a
violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
J. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is
or may be subject under section 311 of the CWA or section 106 of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA).
K. Property Rights
The issuance of this permit does not convey any property rights of
any sort, nor any exclusive privileges, nor does it authorize any
injury to private property nor any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
L. Severability
The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit to
any circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit shall not be
affected thereby.
M. Transfers
Coverage under this permit is not transferable to any person except
after notice to the Director. The Director may require termination of
permit coverage by the current permittee in accordance with Part IX of
this permit; and the subsequent submission a Notice of Intent to
receive coverage under the permit by the new applicant in accordance
with Part II of this permit.
N. Requiring an Individual Permit or an Alternative General Permit
1. The Director may require any person authorized by this permit to
apply for and/or obtain either an individual NPDES permit or an
alternative NPDES general permit. Any interested person may petition
the Director to take action under this paragraph. Where the Director
requires a discharger authorized to discharge under this permit to
apply for an individual NPDES permit, the Director shall notify the
discharger in writing that a permit application is required. This
notification shall include a brief statement of the reasons for this
decision, an application form, a statement setting a deadline for the
discharger to file the application, and a statement that on the
effective date of issuance or denial of the individual NPDES permit or
the alternative general permit as it applies to the individual
permittee, coverage under this general permit shall automatically
terminate. Applications shall be submitted to the appropriate Regional
Office indicated in Part V.C of this permit. The Director may grant
additional time to submit the application upon request of the
applicant. If a discharger fails to submit in a timely manner an
individual NPDES permit application as required by the Director under
this paragraph, then the applicability of this permit to the individual
NPDES permittee is automatically terminated at the end of the day
specified by the Director for application submittal.
2. Any discharger authorized by this permit may request to be
excluded from the coverage of this permit by applying for an individual
permit. In such cases, the permittee shall submit an individual
application in accordance with the requirements of 40 CFR
122.26(c)(1)(ii), with reasons supporting the request, to the Director
at the address for the appropriate Regional Office indicated in Part
V.C of this permit. The request may be granted by issuance of any
individual permit or an alternative general permit if the reasons cited
by the permittee are adequate to support the request.
3. When an individual NPDES permit is issued to a discharger
otherwise subject to this permit, or the discharger is authorized to
discharge under an alternative NPDES general permit, the applicability
of this permit to the individual NPDES permittee is automatically
terminated on the effective date of the individual permit or the date
of authorization of coverage under the alternative general permit,
whichever the case may be. When an individual NPDES permit is denied to
an owner or operator otherwise subject to this permit, or the owner or
operator is denied for coverage under an alternative NPDES general
permit, the applicability of this permit to the individual NPDES
permittee is automatically terminated on the date of such denial,
unless otherwise specified by the Director.
O. State/Environmental Laws
1. Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable State law or regulation under authority preserved by section
510 of the Act.
2. No condition of this permit shall release the permittee from any
responsibility or requirements under other environmental statutes or
regulations.
P. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit and with the requirements
of storm water pollution prevention plans. Proper operation and
maintenance also include adequate laboratory controls and appropriate
quality assurance procedures. Proper operation and maintenance require
the operation of backup or auxiliary facilities or similar systems,
installed by a permittee only when necessary to achieve compliance with
the conditions of the permit.
Q. Inspection and Entry
The permittee shall allow the Director or an authorized
representative of EPA, the State, or, in the case of a construction
site which discharges through a municipal separate storm sewer, an
authorized representative of the municipal operator or the separate
storm sewer receiving the discharge,
[[Page 25143]]
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;
3. Inspect, at reasonable times, any facilities or equipment
(including monitoring and control equipment); and
4. Sample or monitor, at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by the CWA, any
substances or parameter at any location on the site.
R. 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 reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not
stay any permit condition.
S. Planned Changes
The permittee shall amend the pollution prevention plan as soon as
possible identifying any planned physical alterations or additions to
the permitted facility.
T. Twenty-Four Hour Reporting
(1) The permittee shall report any noncompliance which may endanger
health or the environment. Any information shall be provided orally
within 24 hours from the time the permittee becomes aware of the
circumstances. A written submission shall also be provided within 5
days of the time the permittee becomes aware of the circumstances. A
written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause: the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate,
and prevent recurrence of the noncompliance.
U. Bypass
(1) Definitions. (i) Bypass means the intentional diversion of
waste streams from any portion of a treatment facility.
(ii) Severe property damage means substantial physical damage to
property which causes them to become inoperable or substantial and
permanent loss of natural resources which can reasonably be expected to
occur in the absence of a bypass. Severe property damage does not mean
economic loss caused by delays in production.
(2) Bypass not exceeding limitations. The permittee may allow any
bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions
of paragraphs S(3) and S(4).
(3) Notice.
(i) Anticipated bypass. If the permittee knows in advance of the
need for a bypass, it shall submit prior notice, if possible at least
ten days before the date of the bypass.
(ii) Unanticipated bypass. The permittee shall submit notice of an
unanticipated bypass as required in paragraph R. of this section (24-
hour notice).
(4) Prohibition of bypass. (i) Bypass is prohibited, and the
Director may take enforcement action against a permittee for bypass,
unless:
(A) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgement to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) The permittee submitted notices as required under paragraph
S(3) of this section.
(ii) The Director may approve an anticipated bypass after
considering its adverse effects, if the Director determines that it
will meet the three conditions listed above in paragraph S(4)(i) of
this section.
Part VIII. Reopener Clause
A. If there is evidence indicating potential or realized impacts on
water quality due to any storm water discharge associated with
industrial activity covered by this permit, the discharger may be
required to obtain an individual permit or an alternative general
permit in accordance with Part I.C 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. This permit may be modified, or alternatively, revoked and
reissued, to comply with any applicable provisions of the Phase II
storm water regulations once they are issued.
Part IX. Termination of Coverage
A. Notice of Termination
Where a site has been finally stabilized and all storm water
discharges from construction sites that are authorized by this permit
are eliminated (see Part IX.A.5. for the definition of eliminated), or
where the operator of all storm water discharges at a facility changes,
the operator of the facility may submit a Notice of Termination that is
signed in accordance with Part VII.G of this permit within 14 days of
final stabilization of the site. The Notice of Termination shall
include the following information:
1. The mailing address, and location of the construction site for
which the notification is submitted. Where a mailing address for the
site is not available, the location can be described in terms of the
latitude and longitude of the approximate center of the facility to the
nearest 15 seconds, or the section, township and range to the nearest
quarter section;
2. The name, address, and telephone number of the operator seeking
termination of permit coverage;
3. The NPDES permit number for the storm water discharge identified
by this Notice of Termination;
4. An identification of whether the storm water discharges
associated with industrial activity have been eliminated or the
operator of the discharges has changed; and
5. The following certification signed in accordance with Part VII.G
(signatory requirements) of this permit:
I certify under penalty of law that all storm water discharges
associated with industrial activity from the identified facility
that are authorized by a NPDES general permit have otherwise 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, that I am no longer authorized to discharge storm water
associated with industrial activity by the 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.''
[[Page 25144]]
For the purposes of this certification, elimination of storm water
discharges associated with construction activity means that all
disturbed soils at the identified facility have been finally stabilized
and temporary erosion and sediment control measures have been removed
or will be removed at an appropriate time, 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.
B. Where To Submit
Applicants are to use the NOT form published in the September 29,
1995 Federal Register (60 FR 51265). All Notices of Termination are to
be sent, using the form provided by the Director (or a photocopy
thereof),\2\, to the following address: Storm Water Notice of
Termination (4203), 401 M Street, SW, Room 2104 Northeast Mall,
Washington, DC 20460.
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\2\ A copy of the approved NOT form is provided in Appendix A of
this notice.
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C. Additional Notification
A copy of the Notice of Termination shall be sent to the State
agency which issued the State storm water or environmental resource
permit for the site and, if the storm water management system
discharges to a municipal separate storm sewer system within Broward,
Dade, Duval, Escambia, Hillsborough, Lee, Leon, Manatee, Orange, Palm
Beach, Pasco, Pinellas, Polk, Sarasota or Seminole Counties, to the
owner of that system. Included within these counties, the Florida
Department of Transportation (FDOT), incorporated municipalities, and
chapter 298 Special Districts also shall be notified where they own or
operate a municipal separate storm sewer system receiving storm water
discharges associated with construction activity covered by this
permit.
Part X. Definitions
Best Management Practices (BMPs) 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. 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.
Commencement of Construction--The initial disturbance of soils
associated with clearing, grading, or excavating activities or other
construction activities.
CWA means Clean Water Act or the Federal Water Pollution Control
Act.
Dedicated portable asphalt plant--A portable asphalt plant that is
located on or contiguous to a construction site and that provides only
asphalt to the construction site that the plant is located on or
adjacent to. The term dedicated portable asphalt plant does not include
facilities that are subject to the asphalt emulsion effluent limitation
guideline at 40 CFR 443.
Dedicated portable concrete plant--A portable concrete plant that
is located on or contiguous to a construction site and that provides
only concrete to the construction site that the plant is located on or
adjacent to.
Director means the Regional Administrator of the Environmental
Protection Agency or an authorized representative.
Final Stabilization means that all soil disturbing activities at
the site have been completed, and that a uniform perennial vegetative
cover with a density of 70% 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.
Flow-weighted composite sample means a composite sample consisting
of a mixture of aliquots collected at a constant time interval, where
the volume of each aliquot is proportional to the flow rate of the
discharge.
Large and Medium municipal separate storm sewer system means all
municipal separate storm sewers that are either: (i) located in an
incorporated place (city) with a population of 100,000 or more as
determined by the latest Decennial Census by the Bureau of Census
(these cities are listed in Appendices F and G of 40 CFR Part 122); or
(ii) located in the counties with unincorporated urbanized populations
of 100,000 or more, except municipal separate storm sewers that are
located in the incorporated places, townships or towns within such
counties (these counties are listed in Appendices H and I of 40 CFR
Part 122); or (iii) owned or operated by a municipality other than
those described in paragraph (i) or (ii) and that are designated by the
Director as part of the large or medium municipal separate storm sewer
system.
NOI means notice of intent to be covered by this permit (see Part
II of this permit.)
NOT means notice of termination (see Part IX of this permit).
Operator means any party associated with the construction project
that meets either of the following 2 criteria: (1) The party has
operational control over project specifications (including the ability
to make modifications in specifications), or (2) the party has day-to-
day operational control of those activities at a project site which are
necessary to ensure compliance with the storm water pollution
prevention plan or other permit conditions (e.g., they are authorized
to direct workers at the site to carry out activities identified in the
storm water pollution prevention plan or comply with other permit
conditions).
Point Source means any discernible, 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 discharges. This term does not include return flows from irrigated
agriculture or agricultural storm water runoff.
Runoff coefficient means the fraction of total rainfall that will
appear at the conveyance as runoff.
Storm Water means storm water runoff, snow melt runoff, and surface
runoff and drainage.
Storm Water Associated with Industrial Activity means the discharge
from any conveyance which is used for collecting and conveying storm
water and which is directly related to manufacturing, processing or raw
materials storage areas at an industrial plant. The term does not
include discharges from facilities or activities excluded from the
NPDES program. For the categories of industries identified in
paragraphs (i) through (x) of this definition, the term includes, but
is not limited to, storm water discharges from industrial plant yards;
immediate access roads and rail lines used or traveled by carriers of
raw materials, manufactured products, waste material, or by-products
used or created by the facility; material handling sites; refuse sites;
sites used for the application or disposal of process waste waters (as
defined at 40 CFR 401); sites used for the storage and maintenance of
material handling equipment; sites used for residual treatment,
storage, or disposal; shipping and receiving areas; manufacturing
buildings; storage areas (including tank farms) for raw materials, and
intermediate and finished products; and areas where industrial activity
has taken place in the past and significant materials remain and are
exposed to storm water. For the categories of
[[Page 25145]]
industries identified in paragraph (xi) of this definition, the term
includes only storm water discharges from all areas (except access
roads and rail lines) listed in the previous sentence where material
handling equipment or activities, raw materials, intermediate products,
final products, waste materials, by-products, or industrial machinery
are exposed to storm water. For the purposes of this paragraph,
material handling activities include the: storage, loading and
unloading, transportation, or conveyance of any raw material,
intermediate product, finished product, by-product or waste product.
The term excludes areas located on plant lands separate from the
plant's industrial activities, such as office buildings and
accompanying parking lots as long as the drainage from the excluded
areas is not mixed with storm water drained from the above described
areas. Industrial facilities (including industrial facilities that are
Federally or municipally owned or operated that meet the description of
the facilities listed in this paragraph (i)-(xi) of this definition)
include those facilities designated under 122.26(a)(1)(v). The
following categories of facilities are considered to be engaging in
``industrial activity'' for purposes of this subsection:
(i) Facilities subject to storm water effluent guidelines, new
source performance standards, or toxic pollutant effluent standards
under 40 CFR Subchapter N (except facilities with toxic pollutant
effluent standards which are exempted under category (xi) of this
definition);
(ii) Facilities classified as Standard Industrial Classifications
24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32
(except 323), 33, 3441, 373;
(iii) Facilities classified as Standard Industrial Classifications
10 through 14 (mineral industry) including active or inactive mining
operations (except for areas of coal mining operations no longer
meeting the definition of a reclamation area under 40 CFR 434.11(l)
because the performance bond issued to the facility by the appropriate
SMCRA authority has been released, or except for areas of non-coal
mining operations which have been released from applicable State or
Federal reclamation requirements after December 17, 1990) and oil and
gas exploration, production, processing, or treatment operations, or
transmission facilities that discharge storm water contaminated by
contact with or that has come into contact with, any overburden, raw
material, intermediate products, finished products, byproducts or waste
products located on the site of such operations; inactive mining
operations are mining sites that are not being actively mined, but
which have an identifiable owner/operator;
(iv) Hazardous waste treatment, storage, or disposal facilities,
including those that are operating under interim status or a permit
under Subtitle C of RCRA;
(v) Landfills, land application sites, and open dumps that have
received any industrial wastes (waste that is received from any of the
facilities described under this subsection) including those that are
subject to regulation under Subtitle D of RCRA;
(vi) Facilities involved in the recycling of materials, including
metal scrapyards, battery reclaimers, salvage yards, and automobile
junkyards, including but limited to those classified as Standard
Industrial Classification 5015 and 5093;
(vii) Steam electric power generating facilities, including coal
handling sites;
(viii) Transportation facilities classified as Standard Industrial
Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which
have vehicle maintenance shops, equipment cleaning operations, or
airport deicing operations. Only those portions of the facility that
are either involved in vehicle maintenance (including vehicle
rehabilitation, mechanical repairs, painting, fueling, and
lubrication), equipment cleaning operations, airport deicing
operations, or which are otherwise identified under paragraphs (i)-
(vii) or (ix)-(xi) of this subsection are associated with industrial
activity;
(ix) Treatment works treating domestic sewage or any other sewage
sludge or wastewater treatment device or system, used in the storage
treatment, recycling, and reclamation of municipal or domestic sewage,
including land dedicated to the disposal of sewage sludge that are
located within the confines of the facility, with a design flow of 1.0
mgd or more, or required to have an approved pretreatment program under
40 CFR 403. Not included are farm lands, domestic gardens or lands used
for sludge management where sludge is beneficially reused and which are
not physically located in the confines of the facility, or areas that
are in compliance with 40 CFR 503;
(x) Construction activity including clearing, grading and
excavation activities except: operations that result in the disturbance
of less than five acres of total land area which are not part of a
larger common plan of development or sale;
(xi) Facilities under Standard Industrial Classifications 20, 21,
22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34
(except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are
not otherwise included within categories (i)-(x)).\3\
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\3\ On June 4, 1992, the United States Court of Appeals for the
Ninth Circuit remanded the exclusion for manufacturing facilities in
category (xi) which do not have materials or activities exposed to
storm water to the EPA for further rulemaking. (Nos. 90-70671 and
91-70200).
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Waters of the United States means:
(a) All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
(b) All interstate waters, including interstate ``wetlands'';
(c) All other waters such as interstate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds
the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce including any such waters:
(1) Which are or could be used by interstate or foreign travelers
for recreational or other purposes;
(2) From which fish or shellfish are or could be taken and sold in
interstate or foreign commerce; or
(3) Which are used or could be used for industrial purposes by
industries in interstate commerce;
(d) All impoundments of waters otherwise defined as waters of the
United States under this definition;
(e) Tributaries of waters identified in paragraphs (a) through (d)
of this definition;
(f) The territorial sea; and
(g) Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs (a) through (f) of this
definition.
Waste treatment systems, including treatment ponds or lagoons
designed to meet the requirements of the CWA are not waters of the
United States.
[FR Doc. 00-10518 Filed 4-27-00; 8:45 am]
BILLING CODE 6560-50-P