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New Connecticut General Permit for the Discharge of Stormwater Associated with Industrial Activity. Effective October 1, 2011. October 5, 2010 Connecticut Marine Trades Association. Gregory A. Sharp, Esq. Murtha Cullina LLP 860.240.6046 | gsharp@murthalaw.com Andrew W. Lord, Esq.

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new connecticut general permit for the discharge of stormwater associated with industrial activity

New Connecticut General Permit for the Discharge of Stormwater Associated with Industrial Activity

Effective October 1, 2011

October 5, 2010

Connecticut Marine Trades Association

slide2

Gregory A. Sharp, Esq.

Murtha Cullina LLP

860.240.6046 |gsharp@murthalaw.com

Andrew W. Lord, Esq.

Murtha Cullina LLP

860.240.6180 | alord@murthalaw.com

Chris Stone, P.E.

CT Department of Environmental Protection

860.424.3850 |chris.stone@ct.gov

Ted Sailer, CHMM, LEP

Sailer Environmental

860.245-7744 | esailer@sailerenv.com

applicability
Applicability
  • Applies to Activities with Industrial SIC Codes.
  • Approximately 1,700 companies and government agencies are registered.
  • Marinas, Yacht Clubs and Boat Dealers are now all subject to the permit (also Boat Bldg/Repair – SIC 373).
    • SIC Codes 4493, certain 7997, and 5551.
discharge of stormwater from industrial facilities
Discharge of Stormwater from Industrial Facilities

Goal and Rationale of General Permit

  • The goal of this and prior Industrial Stormwater General Permits is to provide a streamlined method for the regulated community to be in compliance with the requirements of the federal and state Clean Water Acts without the cost, time and effort involved in obtaining individual discharge permits.
  • The environmental concern is that rainfall landing on roofs, storage areas, and yards at industrial facilities pick up contaminants which are transported through conveyances to surface waters or ground water, impairing water quality.
status of new permit
Status of New Permit
  • Stakeholders, including CMTA, CBIA, environmental groups and others, negotiated the structure and requirements of the General Permit with DEP staff during 2008-2010.
  • Hearing held on “Final Draft” June 24, 2009.
  • Additional hearings in March and April, 2010.
  • Commissioner signed final permit on August 23, 2010.
  • Permit becomes final with effective date on October 1, 2011.
coverage during the interim
Coverage During the Interim
  • The previous General Permit issued in 2002 expired on September 30, 2007.
  • It was reissued without change on October 1, 2007 to expire on September 30, 2008, and reissued again on October 2, 2008 to expire on March 31, 2009.
  • On April 14, 2009, the Commissioner again reissued the previous General Permit to expire on September 30, 2010, but required permittees to re-register their facilities with a prorated $300 registration fee.
  • General permit reissued one (hopefully) last time on October 1, 2010 to expire September 30, 2011. No need to reregister.
  • If you have not registered under the April 14th permit you should do so ASAP to remain in compliance.
major changes from past permits
Major Changes from Past Permits
  • Certification of Stormwater Pollution Prevention Plans (“SWPPPs”) at time of registration.
  • Availability of SWPPPs for public comment.
  • Adoption of 10 Sectors to tailor permit to needs and challenges of individual industries.
  • Increased Stormwater Monitoring (Twice per Year).
  • Quarterly visual monitoring.
  • Specific sector-based monitoring requirements and Best Management Practices (“BMPs”) for Marinas, Yacht Clubs and Boat Dealers (“Sector H”) and Boat Bldg/Repair (“Sector I”).
  • Monitoring “benchmarks” and “effluent limits” with exceedances requiring follow-up action (no effluent limits for marinas).
  • Monthly routine inspections with documentation.
process for registration in 2011
Process for Registration in 2011
  • Update SWPPP and have it certified by a P.E. or CHMM.
  • Option to post it to a website.
  • If SWPPP is posted to a website, your coverage will be effective 60 days after submitting the new registration form.
  • If SWPPP not posted, coverage will be effective 90 days after registration to enable public to review SWPPP.
  • DEP will post notices of registrations on their website to alert the public and will request hard copies of SWPPPs from those not posting on a website.
  • The registration submittals must be made prior to June 1, 2011 to allow sufficient lead times for coverage to become effective on October 1, 2011.
  • Fee for registration is $500 for companies with less than 50 employees statewide (excluding seasonals employed less than 120 days/year) or gross sales of less than $5 million.
  • $1,000 fee for companies with more than 50 employees statewide, excluding seasonals, and gross sales of greater than $5 million.
new permit requirements stormwater monitoring
New Permit Requirements:Stormwater Monitoring
  • Quarterly monitoring for visual inspection.
  • Semi-annual General Monitoringwith benchmarks.
  • Annual Toxicity Monitoring for first two years.
  • Impaired Waters/TMDL Monitoring.
  • Sector Specific Monitoring.
  • Effluent Limitations Monitoring.
new requirements visual monitoring
New Requirements:Visual Monitoring
  • Suspended solids
  • Foam
  • Oil sheen
  • Other obvious indicators
  • Visual monitoring quarterly for the entire term of the permit of a stormwater sample collected at the outfall in a clean, clear glass or plastic container for:
    • Color
    • Odor
    • Clarity
    • Floating solids
    • Settleable solids
  • If problems observed, modify SWPPP and control measures and document.
new requirements monitoring applicable to all
New Requirements:Monitoring Applicable to All
  • Nitrate as Nitrogen
  • Total Copper
  • Total Lead
  • Total Zinc
  • Also, pH of uncontaminated rainfall at time of sample
  • Semi-annual monitoring is required at all facilities for:
    • COD
    • Total O&G
    • pH
    • TSS
    • Total Phosphorous
    • Total Kjeldahl Nitrogen
  • Annual monitoring for the first two (2) years of the permit is required during a regular semi-annual monitoring event for aquatic toxicity.
new requirements general monitoring benchmarks
New Requirements:General Monitoring Benchmarks
  • Benchmarks are numeric criteria.
  • Benchmarks for Copper, Lead & Zinc are based on concentrations calculated to be protective of water quality.
  • Benchmarks for the other parameters are based on the 80th percentile of data collected from 2003-2007 and submitted by all Industrial Stormwater sources.
  • No benchmark for Copper for marine industries.
  • No effluent limits for marine industries
general monitoring benchmarks
General Monitoring Benchmarks

ParameterConcentration

  • COD 75 mg/l
  • Total O&G 5 mg/l
  • pH 5-9 SU
  • TSS 90 mg/l
  • TPh 0.40 mg/l
  • Total Kjeldahl Nitrogen 2.30 mg/l
  • Nitrate as Nitrogen 1.10 mg/l
  • Total Copper 0.059 mg/l (Note: Sectors H & I Exempt)
  • Total Lead 0.076 mg/l
  • Total Zinc 0.160 mg/l
other general monitoring requirements
Other General Monitoring Requirements
  • Monitoring Only
    • pH of uncontaminated rainfall at time of sample -- No Benchmark
    • Aquatic Toxicity annually for first two years -- No Benchmark
what are benchmarks
What are Benchmarks?
  • Numeric concentration thresholds, but not permit limits perse.
  • Exceedances do not constitute a violation of permit.
  • Exceedances do trigger further steps.
compliance with benchmark requirements
Compliance with Benchmark Requirements
  • If the average concentration of four sampling rounds for a given parameter does not exceed a benchmark, monitoring for that parameter may cease for the duration of the permit.
  • Unlike previous general permit, exceedance of a benchmark requires continued sampling only for that parameter, not all parameters.
compliance with benchmark requirements continued
Compliance with Benchmark Requirements (continued)
  • If the four-sample average of a parameter exceeds its benchmark, you must
    • Review the control measures in the SWPPP to determine if modifications are necessary, make changes, and continue monitoring, or
    • Make a determination that no further reductions are “technologically available and economically practicable and achievable in light of best industry practice”, submit documentation of this determination to Commissioner for her approval, and continue monitoring once a year.
exemption from benchmark compliance for background
Exemption from Benchmark Compliance for “Background”
  • There is an exemption from these requirements if you can document that the exceedance is solely caused by the presence of the pollutant in the natural background or “run-on” to the site from off-site properties, and you meet four technical requirements set forth in the permit.
    • “Legacy” pollutants on-site are not included in definition of “background.”
marina sector performance vs benchmark concentrations
Marina Sector Performance vs. Benchmark Concentrations
  • Historical Data for Marinas reported by DEP from 284 Samples:
    • COD 75 mg/l: >20<50% exceeded.
    • O&G 5 mg/l: 20% exceeded.
    • TSS 90 mg/l: >20<50% exceeded.
    • TPh 0.40 mg/l: >20<50% exceeded.
    • TKN 2.30 mg/l: 20% exceeded.
    • NO3 1.10 mg/l: >20<50% exceeded.
    • Cu 0.06mg/l: >50<80% exceeded. (Sector H& I Exempt)
    • Pb 0.030 mg/l: >20<50% exceeded.*With new BM, don’t know if still valid
    • Zn 0.300 mg/l: >20<50% exceeded. *With new BM, don’t know if still valid
new requirements monitoring discharges to impaired waters
New Requirements:Monitoring Discharges to “Impaired Waters”
  • In addition to General Monitoring and Toxicity Monitoring, industrial stormwater discharges to “impaired waters” are subject to additional monitoring.
  • Check DEP website for list of “impaired waters” contained in: “2008 State of Connecticut Integrated Water Quality Report, Table 3-3.”
  • Discharges to impaired waters without an established Total Maximum Daily Load (“TMDL”) are subject to monitoring annually for all pollutants for which the water body is impaired.
  • Discharges to waters with an established TMDL are subject to monitoring only when the permittee is notified by the Commissioner.
new requirements sector specific monitoring
New Requirements:Sector Specific Monitoring
  • Sector H of the General Permit is applicable to Marinas, Yacht Clubs and Boat Dealers. Sector I is Boat Building/Repair.
  • Sector Hestablishes benchmarks for Iron (1.0 mg/l) and Total Aluminum (0.75 mg/l).
  • These two parameters must be included in the analysis of semiannual samples in accordance with the General Benchmark Monitoring Requirements.
  • Sector H specifically exempts facilities monitoring under its provisions from compliance with the Benchmark for Total Copper, but facilities must monitor and report Total Copper semi-annually for the life of the permit.
new requirements monitoring for compliance with effluent limitations
New Requirements:Monitoring for Compliance with Effluent Limitations
  • USEPA has established Effluent Limitations for specific Sectors.
  • Exceedance of an Effluent Limitation is a permit violation.
  • Annual monitoring for Sector Specific Effluent Limitations is required.
  • Good News: There are no effluent limitations included in the General Monitoring Requirements or in the Sector H Monitoring Requirements.
new requirements sector h limitations
New Requirements:Sector H Limitations
  • Non-stormwater discharges from sanitary wastes and pressure wash water originating from vessels are specifically not authorized under this permit.
  • However, the permit language recognizes that discharges from non-pressure washing, bilge water, ballast water and cooling water originating from recreational vessels up to eighty (80) feet in length may be discharged as they are incidental to the normal operation of a recreational vessel.
new requirements sector h bmps
New Requirements:Sector H BMPs
  • Pressure Washing Discharges are specifically not covered by the permit.
  • Blasting and Paint Spraying must be conducted in accordance with the Clean Marina Guidebook, as amended.
  • Material Storage Guidelines set forth for chemicals, fuel, paints, batteries, etc.
  • Engine Maintenance and Repair Guidelines set forth to minimize risks of discharge of chemicals to ground or surface waters.
new requirements sector h bmps continued
New Requirements:Sector H BMPs (continued)
  • Material Handling Guidelines to minimize contamination of precipitation or surface runoff from handling operation by use of covers, spill and overflow protection, etc.
  • New containment requirements for stationary tanks and mobile or portable tank storage, including the use of double-walled tanks, 110% secondary containment and certain conditions for mobile tanks.
  • Employee Training to focus on used oil, spent solvents, spent abrasives, vessel wastewaters, spill control, fueling, painting and blasting, engine maintenance & repair, zinc anode disposal, and used battery management.
  • Inspection requirements to focus on these and other environmental high risk areas.
preparation for october 1 2011
Preparation for October 1, 2011
  • Review your current SWPPP.
  • Contact your P.E. or CHMM to discuss requirements of new permit, updating your SWPPP, training your employees and the new monitoring requirements.
  • Address Pressure Washing issues by signing and complying with Consent Order or terminating the discharge.
  • Be alert for DEP outreach and guidance on submitting registrations with updated SWPPPs prior to June 1, 2011.
  • Allow time for the 60 or 90 SWPPP review to be completed before October 1, 2011.