Construction / Industrial Activity
The Clean Water Act & Construction Activity
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 pollutant to waters of the United States from any point source is unlawful without a National Pollutant Discharge Elimination System (NPDES) permit. Congress added section 402 (p) to the CWA in 1987 to establish a comprehensive framework for addressing storm water discharges associated with industrial activity. Construction activities that disturb at least five acres of land are defined in 40 CFR 122.26(b) (14) (x) as an “industrial activity.” Phase II, enacted in 1999, addresses additional sources, including small construction activity disturbing 1 acre or more. For a copy of the Generic permit for Construction Activities that Disturb one acre or more, visit the FDEP web site.
FDEP requires that all construction activity disturbing one acre or more of land is to file a Notice of Intent (NOI) for construction activity and prepare a Storm Water Pollution Prevention Plan (SWPPP).
Construction Activity Downloads
- For the NOI form for Construction Activities that Disturb one acre or more please visit the FDEP site.
- Download the NPDES Construction Activity Page.
- Download the Storm Water Phase II Final Rule – Small Construction Program Overview.
Storm Water Pollution Prevention Plan
The Storm Water Pollution Prevention Plan (SWPPP) is a basic statement of how the site should be managed to prevent or significantly reduce discharge of pollutants from the site during construction activity. No solid materials, including building materials, shall be discharged to waters of the United States and/or the state of Florida. St. Johns County requires the preparation and certification of the SWPPP by a Professional Engineer. The SWPPP should be modified as needed and contain the signatures of all contractors and sub-contractors attesting to their having read and willingness to abide by its directives. The SWPPP should contain as a minimum the following elements:
Accordion list*
Site Evaluation
Each plan shall provide a description of pollutant sources and other information as indicated:
(1) a description of the nature of the construction activity.
(2) a description of the intended sequence of major activities which disturb soils for major portions of the site (e.g. grubbing, excavation, grading).
Site Assessment
As a result of the assessment, the plan shall include:
(1) 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.
(2) An estimate of the runoff coefficient of the site before, during, and after construction activities.
(3) A site map indicating drainage patterns and approximate slopes anticipated after major grading activities, area of soil disturbance, an outline of areas which may not be disturbed, the location of major structural and nonstructural controls identified in the plan.
Erosion and Sediment Controls
(1) Each plan shall include a description of appropriate controls and measures that will be implemented at the construction site.
(2) And the timing during the construction process that the measures will be implemented.
*Other Controls
(1) Off-site vehicle tracking of sediments and the generation of dust shall be minimized.
(2) The plan shall ensure and demonstrate compliance with applicable State and/or local waste disposal, sanitary sewer or septic system regulations.
(3) The plan shall address the proper application rates and methods for the use of fertilizers and pesticides at the construction site.
(4) The plan shall ensure that the application, generation, and migration of toxic substances is limited and that toxic materials are properly stored and disposed.
Preventative Maintenance
(1) A description of procedures to ensure the timely maintenance of vegetation, erosion and sediment control measures and other protective measures identified in the site plan in good and effective operating conditions.
(2) Storm water pollution prevention plans must be amended to reflect any change applicable to protecting surface water resources in sediment and erosion management site plans or site permits.
Certification
All contractors and subcontractors identified in a storm water pollution prevention plan 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, 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.
Inspection
- Qualified personnel (provided by the discharger) 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, 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 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 corrective actions taken.The permittee shall retain a copy of the SWPPP required by this permit on site from the date of project initiation to the date of 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 Florida Department of Environmental Protection (FDEP) or the St. Johns River Water Management District (SJRWMD), and the guidelines contained in the Florida Development Manual: A Guide to Sound Land and Water Management (FDEP, 1988) and any subsequent amendments.
The permittee shall retain a copy of the SWPPP required by this permit on site from the date of project initiation to the date of 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 Florida Department of Environmental Protection (FDEP) or the St. Johns River Water Management District (SJRWMD), and the guidelines contained in the Florida Development Manual: A Guide to Sound Land and Water Management (FDEP, 1988) and any subsequent amendments.
SWPPP Preparation Guides
• The FDEP provides a guide to assist in the preparation of a SWPPP.
• The US EPA also provides a SWPPP preparation guide.
Completing a Project
Upon completion of the project for which the initial contractor is responsible, a NOT or Notice of Termination should be filed with the FDEP. This NOT should be accompanied by a Notice of Intent (NOI) from the new contractor. This will release the first contractor and provide proper notice to FDEP for the second contractor. Notice of Termination can be downloaded from the FDEP website.
Industrial Activity
Clean Water Act
The Clean Water Act (CWA), amended in 1972, provides that discharge of pollutants into waters of the United States from any point source is unlawful without a National Pollutant Discharge Elimination System (NPDES) permit. For a number of reasons, the United State Environmental Protection Agency (USEPA) and some authorized NPDES States failed to issue NPDES permits for the majority of point source discharges of storm water. Recognizing this, Congress added section 402 (p) to the CWA in 1987 to establish a comprehensive framework for addressing storm water discharges associated with industrial activity. Therefore, a Multi-Sector Generic Permit (MSGP) has been developed to ensure that all regulated facilities in the state of Florida conform to a uniform set of rules. Obtain the Multi-Sector Generic Permit on the FDEP website.
Permit Requirements
Thus, most stormwater point source discharges related to industrial activities are required to obtain an NPDES permit. This may be accomplished by filing a Notice of Intent (NOI) for industrial activities. However, some facilities are eligible for the “no exposure” exemption. The “No Exposure Certification” form must be filed along with the NOI with USEPA. To obtain the Notice of Intent (NOI) form for Industrial Activity, visit the FDEP website.
Under Phase I NPDES Permits, certain facilities could be exempted from the requirement to obtain an NPDES stormwater permit if none of their industrial materials or processes were exposed to stormwater. This “no exposure” exemption was applicable only to Category (xi) stormwater discharges associated with industrial activity, so-called “light industry” (see 40 CFR 122.26(b)(14)). Eligible facilities were not required to submit any documents to establish that they qualified for the no exposure exemption.
Under Phase II NPDES Permits, EPA revised and expanded the no exposure exemption to be a conditional no exposure exclusion applicable to ALL categories of stormwater discharges set out in 40 CFR 122.26(b)(14), except for Category (x) large construction activity. Additionally, any industrial operator seeking the no exposure exclusion from NPDES stormwater permitting must file a certification with the NPDES permitting authority affirming, under penalty of law, that no materials or processes are exposed to stormwater at the facility or site. (Note: This includes the Category (xi) no exposure facilities that previously had to do nothing).
Storm Water Pollution Prevention Plan
Facilities subject to a point source discharge NPDES permit are also required to prepare a Storm Water Pollution Prevention Plan (SWPPP). Existing environmental management plans must be evaluated also for consistency to determine which, if any, provisions can be incorporated into the SWPPP.
Additional Related Plans
Other related plans may include the Preparedness, Prevention and Contingency Plan (40 CFR Parts 264 and 265), the Spill Control and Countermeasures Plan requirements (40 CFR Part 112), the National Pollutant Discharge Elimination System Toxic Organic Management Plan (40 CFR Parts 413, 433, and 469) and the Occupational Safety and Health Administration (OSHA) Emergency Response Plan (29 CFR Part 1910).
Preparing a SWPPP
Because the conditions which affect the presence of pollutants in stormwater discharges vary among industries, this permit contains industry-specific sections that describe the storm water pollution prevention plan requirements, the numeric effluent limitation requirements and the monitoring requirements for the industry. However, a SWPPP can be prepared containing the following minimum criteria.
Pollution Prevention Team
The Pollution Prevention Team is to:
(1) Decide who will be responsible for developing and implementing your Storm Water Pollution Prevention Plan.
(2) Identify these individuals and describe each person’s responsibilities at the site.
(3) Implement all general permit and pollution prevention plan requirements.
Site Map
A site map is a complete illustration of site features. At a minimum, the site map must include:
(1) Discharge points
(2) Pollutants likely to be discharged
(3) Direction of flow
(4) Surface water bodies
(5) Structural control measures
(6) Locations of significant materials exposed to storm water
Materials Inventory
Each facility must inventory the types of materials that are handled, stored, or processed onsite. “Significant materials” are of particular concern.
*The material inventory section must contain:
(1) A list of materials that have been exposed to storm water in the past 3 years.
(2) A narrative description of methods and location of storage and disposal areas, materials management practices, treatment practices, and any structural or nonstructural control measures.
Past Spills and Leaks
Provide a list of significant spills and leaks of toxic or hazardous materials that have occurred in the past 3 years. “Significant spills” includes releases in excess of reportable quantities. Permittees are encouraged to list spills and leaks of non hazardous materials as well as spills of hazardous materials
Non-Storm Water Discharges
If your facility has been tested or evaluated for non-storm water discharges, you must:
(1) Describe the method used and results of any test and/or evaluation for such discharges.
(2) Indicate the location of the onsite drainage points that were checked for such discharges.
(3) Provide the date of the test or evaluation.
Monitoring Data
Where existing storm water sampling data are available, the facility must:
(1) provide a summary of any existing storm water sampling data.
(2) describe the sample collection procedures used.
Site Evaluation
Facilities must fulfill the following requirements:
(1) Provide a narrative description of activities with a high potential to contaminate storm water at your site, including those associated with materials loading and unloading, outdoor storage, outdoor manufacturing or processing, onsite waste disposal, and significant dust or particulate generating activities.
(2) Describe any pollutants of concern that may be associated with such activities.
Preventative Maintenance
Each permittee must develop a preventative maintenance program that involves inspections and maintenance of storm water management devices and routine inspections of facility operations to detect faulty equipment.
Management of Runoff
Permittees must describe existing storm water controls found at the facility and any additional measures that can be implemented to improve the prevention and control of polluted storm water. Examples include: vegetative swales, reuse of collected storm water, infiltration trenches, and detention ponds.
Employee Training
Permittees must develop an employee training program that covers such topic as spill prevention and response, good housekeeping, and material management practices.
Employee Training
Permittees must develop an employee training program that covers such topic as spill prevention and response, good housekeeping, and material management practices.
Record Keeping and Internal Reporting
Your facility must record and maintain records of spills, leaks, inspections, and maintenance activities for at least one year after the permit expires. For spills and leaks, records should include information such as the date and time of the incident, weather conditions, cause, and resulting environmental problems.
Plan Revisions
Major changes in a facility’s design, construction, operation, or maintenance will necessitate changes in that facility’s Storm Water Pollution Prevention Plan.
SWPPP Preparation Guides
- The FDEP website offers guidance on SWPPP preparation for industrial facilities.
- EPA also provides an SWPPP preparation guide.
NOTE: EPA Region 4 has reissued EPA’s NPDES stormwater multi-sector general permit (MSGP) for industrial activities. This general permit was first issued on September 29, 1995 (60 FR 50804), and amended on February 9, 1996 (61 FR 5248), February 20, 1996 (61 FR 6412), September 24, 1996 (61 FR 50020), August 7, 1998 (63 FR 42534) and September 30, 1998 (63 FR 52430).
Completing a Project
If the permitted industrial activity is terminated or changes ownership, a “Notice of Termination” (NOT) should be filed with FDEP. In the case of new ownership, the NOT should be accompanied by a Notice of Intent (NOI) by the new owner. Notice of Termination (NOT) form for industrial activity can be found on the FDEP website.