A Regulatory Update Of Stormwater Requirements.Km

A Regulatory Update of Stormwater RequirementsKelsey Musich, CPESCKane DuPage SWCD

Soil &Water Conservation District

-102 Counties in Illinois & 98 SWCDs -22/50 States function under State Law

After the Dust Bowl of the 1930’s, Natural Resource Agencies such as USDA-NRCS were formed.

The first Soil and Water Conservation District was formed in 1938. In Illinois, they formed as a Partner for Conservation (PFC) under the IL Department of Agriculture.

Board of Directors consist of 5 elected officials. SWCDs are locally organized and operated units of government functioning under Illinois law to promote the protection, maintenance, improvement, and wise use of the Districts: Soil – Water - & Related Natural Resources

Kane DuPage SWCD

Programs

KDSWCD Programs include:

Youth soils training and classroom water quality monitoring.

•Technical Assistance: ▫ Agricultural Conservation

CPP (conservation practices) CREP (conservation reserve/enhancement) WDP (well sealing) SSRP (Streambank stabilization)

▫ Urban Conservation Regulatory Agencies (permit compliance) The Construction Industry

•Education Adult Seminars: Pond Shocking & Well Sealing Demonstrations Watershed Planning Youth/Classroom Programs: Groundwater, Non-Point Source education, & Teacher

trainings

•Annual Sales Include: tree, fish, prairie plants, rain barrels, and water testing kits

2011 SWCD/NRCS Staff

Rand Briggs Tom Ryterske Elizabeth Hagen-Moeller

Kelsey Musich Candice Jacobs Ken Towles

Add In: Dolores Salak

2011 Envirothon – Good luck at State!

2010 Winner: St. Francis2011 Winner: Wheaton North

• A Natural Resource education program organized by SWCDs

• Serves: Cook, DuPage, Lake, Winnebago, McHenry, Boone, DeKalb, Kane, and Will

• Schools register 5 students who study resources material

• Teachers attend a natural resource training

• Teams hear a presentation from a professional

• Then tested on:▫ Aquatics, Forestry, Soils,

Wildlife, and a current topic▫ Includes a lab portion

• State winners travel to the North American Canon Envirothon competition where they have a chance to win $30,000 in scholarships and prizes

Land Use Opinions Reports

LUOs

Natural Resource Inventory Reports

Single Family Estate Proposed

• Requirement of State SWCD Act section 22.02a

• An inventory of the resources on a parcel of land that is seeking zoning relief

• Intended to generate discussions about CMAs as early as possible in the zoning process

Land Use Opinions

Soil Erosion Sediment Control

Governmental Agreements – USACE 404 CWA permits

SESC - Partners

Just some of our faces since ICA…

▫Soil Erosion Sediment Control Program

1. Army Corps of Engineers –Chicago ICA

2. 5 Municipal Agreements – ▫Aurora, North Aurora, Batavia, Gilberts,

Elburn, and the City of Chicago OMP

3. IEPA Construction Inspection Program

ICA Chicago Army Corps

•Typical Process: Applicant applies for a 404 CWA permit

Submittal to SWCD Plan Review (1 set plans, fee, application form) Acceptance Letter (3 sets stamped plans,

letter/email)

Site Inspections New Non-Compliance SOP Close out Inspection

ICA Began in 1997

When is KDSWCD review required?

*Non-Waiver

• Submit to DuPage Co for 404▫ But notify Corps

Give location, # of impact Co receives “Acknowledgement”

letter Co reviews and permit is issued

• SESC oversight:▫ County Responsibility▫ Community Responsibility

• Submit to Corps for 404 • SESC oversight:

▫ County Responsibility▫ Community Responsibility▫ KDSWCD submittal

*Complete -Waiver

KDSWCD Review Depends on:1. Waiver status 2. the Project

KDSWCD Review Depends on:1. Waiver status 2. the Project

*Partial-Waiver*DuPage Co is the Applicant

• 404 is issued by Corps- can’t permit itself

• SESC Oversight:▫ KDSWCD submittal required▫ County Responsibility as

well

Open Water Clause:All projects in OPEN WATER must submit to the Army CorpsBridge work, dredging etc.

• Depends on the project- Location and amount of

impact

• If site has SMA:• 404 submittal to Corps for

▫ Bridges etc.▫ When Village is applicant▫ SMA Areas – open water

wetland▫ KDSWCD has SESC

oversight

• 404 submittal to County▫ Private land▫ Co and MS4 has SESC

oversight

Illinois Road Builders Association•Currently Chicago Army Corps and IDOT

are creating a new Special Provision for In-Stream work.

•This new Special Provision directs contractors to a set of standards for SESC measures for in-stream work.

•They will give guidance for the selection of means and methods.

•This will be adopted in IDOT – District 1 only

Soil Erosion Sediment Control

Governmental Agreements – IEPA NPDES Permits

IEPA Construction Inspection Program

•Began as a Pilot program in 2004▫ Unique to Illinois▫ 17 and counting SWCDs participating▫ 32 SWCD staff are CPESC or CPESC-IT▫ Kane/DuPage agreed to inspect 20% of NOIs▫ Performing site inspections for compliance with ILR10

permit

•CPESC▫ Certified Professional in Erosion and Sediment Control

NPDES Permits - Overview

• National Pollutant Discharge Elimination System ILG84 – Mines & Quarries ILR00 – Industrial Activity ILR40 – Municipal Discharge (NOI each permit

cycle) ILR10 – General Construction (NOI each site >

1 acre)

Municipal Permits – ILR40

•Municipal Separate Storm Sewer System

• A Storm Sewer System Includes:▫ Road-side ditches and detention ponds▫ Curbs/gutters▫ Storm sewer pipes

• Large Responsibility▫ Need to understand multiple permit requirements

MS4 – ILR40 permit

•Be a copermittee with another regulated MS4

•Seek own permit but rely on another entity for a specific control measure

MS4 - ILR40 Permit

• Create & Implement a Stormwater Management Plan (SWMP)▫ Identify local concerns▫ Reduce discharge of pollutants to the “maximum extent

practicable” (MEP)▫ Protect water quality at the local level▫ Show commitments regarding Funding & Staffing▫ NOI & Plan submitted March 2003, next round in 2008▫ Evaluate/Submit Annual Reports June

• Implement BMPs to satisfy the 6 minimum control measures

6 Minimum Control Measures

•Public Education and Outreach•Public Participation and Involvement•Illicit Discharge Detection and

Elimination•Construction Site Runoff Control•Post-Construction Runoff Control•Pollution Prevention/Good Housekeeping

MS4 or ILR40 Permit•2003 IEPA issued Phase II MS4 General

Permit

•Expired in February 2008

•February 2009 IEPA issued its revised ILR40

•Permit will expire March 31, 2014

•There are already entities planning sw activities for the next reporting cycle

IGIG – IL Green Infrastructure Grant

• In response to the GI requirement in the ILR40 permit, IEPA created the IL G.I. Grant

• MS4/CSO/Watershed Groups were to apply by Dec. 2010 – only $5 mil. for 1st round

• 3 Categories of projects allowed:• CSO Rehab (29)• SW Retention/Infiltration (76)• G.I. Small Projects (51)

• Overwhelming response!• 155 Total Applications• $50 million requested• Fox/DuPage 117 or 75%

The latest ILR40 permit added:

•Education/Outreach▫ MS4s should now incorporate materials about green

infrastructure strategies, costs, and implementation guidance

•Construction Site SW Runoff Control▫ MS4 stormwater programs must include green

infrastructure techniques where appropriate and practical

•Post Construction Stormwater Management▫ Development and re-development should be designed to

reduce the discharge, volume, and velocity of stormwater

…be aware of ILR10 permit requirements as of 2008

•Submit a Notice of Intent for municipal projects disturbing > 1 acre

•MS4’s now have BOTH: ILR40 & ILR10 permit coverage

•MS4’s are Required to oversee ILR10’s in the community

The latest ILR40 permit added:

Bill pertaining to Stormwater

…as of 4.18.11, the Bill had passed the House and picked up a sponsor in the Senate

Projects in TMDL Watersheds

• If the impaired water is listed for suspendedsolids, turbidity and/or siltation, the SWPPPmust contain BMPs to limit these parameters.

• The BMPs must be designed for a storm eventequal to or greater than a 25 year 24 hour storm

event and meet the minimum requirements of the IL Urban Manual.

ELGs (Effluent Limitation Guidelines)

•On Dec. 1, 2009, the USEPA published effluent limitation guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants from construction sites (CFR Part 450)

•Opposition caused EPA to reconsider a 13 NTU standard

C& D Rule (Construction & Development)

• USEPA will require construction sites to meet:▫ Technology-based standards for control of stormwater discharges▫ Numeric Turbidity Standards (discharge limits) and/or BMPs▫ NTU= Nephelometric Turbidity Unites

•These would be required on large sites▫ On August 1, 2011 all sites >20 acres would be required to comply▫ On February 2, 2014 all sites >10 acres to comply

• Sites would take samples throughout the day• The Ave measurement could not exceed 280• For storms larger than the 2yr 24hr, the turbidity limit does not apply that day

Effluent Limitations are on the way!

According to the ELGs…• 13 then 280 NTUs recanted – 60 day

“stay”• Final Rule this May 30

USEPA says…

States have 4 years to incorporate these into their NPDES permits.

This means we could see Construction Site ELGs in the next permit round.