Chapter 102 Workshop - dauphincd.org 102 Permitting Workshop 2016.pdf•The PAG02 has a list of activities that are not eligible for coverage under the General NPDES Permit. •One

Chapter 102 NPDES Permitting Workshop

Presented by: The Dauphin County Conservation District

April 5, 2016

Welcome and General Housekeeping Items

• Welcome

• Restroom Facilities

• Break/Snacks

• Handouts Available

• E&S Technicians

General Overview

• Program Updates, Reminders, and Alerts

• Permit Timeline for a General NPDES Permit

• Recordings Associated with a NPDES Permit at the Recorder of Deeds Office

• Notice of Termination

Program Updates, Reminders, and Alerts

• SNOUTs – What are they and can we use them?

• Municipal Responsibilities under Chapter 102

• Use of a General NPDES Permit for CAFO operations

• DCCD’s system for processing old N.O.T.s

• DCCD Permit Information Sheet

• MS4 Information

SNOUTs

SNOUTs

• Brief Overview

• Can these devices be used as a Water Quality BMP for PCSM?

• Can these devices be used as a Water Quality BMP for MS4?

NO!!!




Municipal Responsibilities







Use of a General NPDES Permit for CAFOs

• The PAG02 has a list of activities that are not eligible for coverage under the General NPDES Permit.

• One instance is “Discharges from a site where other point source(s) require the issuance of an Individual NPDES Permit.”

• This includes, but is not limited to Wastewater Treatment Facilities and CAFOs.

• Current DEP interpretation (Related vs. Non-Related Projects)

• Bottom Line: Be aware of all activities/permits associated with your project so you know what type of NPDES Permit you are eligible for.

Use of the General NPDES Permit

(12) “Discharges from a site where other point source(s) require the issuance of an Individual NPDES permit”

b. The following activities are not eligible for coverage under this permit (PAG02)

*Individual CAFO Permits are issued for facilities located in Special Protection Watersheds or sites with a history of compliance issues.






DCCD’s System for Processing Old N.O.T.s

• DCCD is currently working to purge old files to reduce the amount of paperwork in storage at our office.

• As part of that purging, we are sending letters to individuals who have completed projects and never followed through with submitting a Notice of Termination (N.O.T.) to close out the permit. These letters request submission of an N.O.T. within 30 days.

• In some cases, an N.O.T. was submitted and not addressed. DCCD will be following through on these projects as well.







DCCD Permit Information Sheet







• MS4 Information

Questions on Program Updates, Reminders, and Alerts???

The Permit TimelineSt

ep 1 The Pre-App

Meeting

Step

2 NPDES Permit Submission to DCCD St

ep 3 DCCD Admin.

Completeness Review

Step 1: The Pre-App Meeting

• Why is it important?

• Who is responsible for scheduling a pre-app meeting?

• When should this happen?

• How many pre-app meetings can I have?

Step 2: NPDES Permit Submission to DCCD

• The more complete the submission, the smoother the review process!

• Ensure the submission includes a DCCD Application and Appropriate Fees!

DCCD Plan Review Application

Document found at www.dauphincd.org

Plan Review and Filing Fees

Fee Schedules found at www.dauphincd.org

Step 2: NPDES Permit Submission to DCCD

• The more complete the submission, the smoother the review process!

• Ensure the submission includes a DCCD Application and Appropriate Fees!

• New Notice of Intent (NOI) – Revision Date 10-2015

Notice of Intent Form

• Ensure that the newest version is submitted! Revision date – 10-2015

• The following items were updated on the newest version:

1. Fill Material Table on Page 2 – added a check box for a balanced site

NOI Page 2

Check box for a Balanced Site





2. Summary Table on Page 4 – complete revision

NOI Page 4

Expanded Peak Rate Analysis

Information comes from Worksheets 4 and 5

Be careful to follow the directions for the check boxes





2. Summary Table on Page 4 – complete revision

3. Riparian Buffer Questions on Page 7 – easier to follow directions

NOI Page 7

Easier to follow directions

Step 3: DCCD Admin. Completeness Review

• DCCD is delegated by DEP to review and authorize the use of the Statewide General NPDES Permit. We are the point of contact on ESCGP, ESCP, and Individual NPDES Permits and provide reviews, however, DEP SCRO is the issuing agent.

• DCCD has 15 Business Days to complete the review. In the event issues are found, a comment letter is sent. The applicant then has 60 Calendar Days to respond to an Incompleteness Letter.

• DCCD does not perform a Technical Review of the PCSM Plan. DCCD can request PCSM technical assistance from DEP (if warranted).

• Municipalities should be conducting technical reviews of the Stormwater Management Plan for compliance with local stormwater ordinances.

• There must be consistency between the NOI Summary Table & the runoff calcs/Worksheets.

NOI Summary Table

Step 3: DCCD Admin Completeness Review

• NOI Checklist should be your blueprint for assembling your permit package.

• Ensure that the Page Numbers referenced for each Item have been updated prior to submission. In other words, if you are adding or deleting pages from the Narrative(s) and/or Plan Sets, be sure to update the Checklist.

• Keep in mind, you know where this information is found, we don’t.

NOI Completeness Review Checklist

Please be sure Page Numbers are updated prior to submission.


• Other items that must be included in a Complete Submission:

1. PNDI – New website http://www.gis.dcnr.state.pa.us/hgis-er/Login.aspx

– DCCD can perform a PNDI search for an additional fee

2. Act 14 Letters with Return Receipts

http://www.gis.dcnr.state.pa.us/hgis-er/Login.aspx


Reminder – This doesnot constitute aReturn Receipt for the Act 14 Letters.


This is the Return Receipt.


• Other items that must be included in a Complete Submission:

1. PNDI – New website http://www.gis.dcnr.state.pa.us/hgis-er/Login.aspx

– DCCD can perform a PNDI search for an additional fee

2. Act 14 Letters with Return Receipts

3. Appendix A: Land Use Questionnaire

4. Erosion and Sedimentation Control Plan and Narrative

5. PCSM Plan and Narrative

6. Critical Stages of Implementation – Important for the Notice of Termination (N.O.T.)

http://www.gis.dcnr.state.pa.us/hgis-er/Login.aspx

Questions on Permit Timeline Steps 1-3???


ep 4 DCCD

Technical Review St

ep 5 Permit

Authorization

Step

6 45-Day Instrument Filing

Step 4: DCCD Technical Review

• DCCD has 22 Business Days to complete the review. In the event issues are found, a comment letter is sent. The applicant has 60 Calendar Days to respond to a Deficiency Letter. DCCD has 17 Business Days to review a resubmission.

• Technical review of the E&S plan and narrative only.

• The Expanded E&S Control Plan Technical Review Checklist can be used as a guide to ensure submission is Technically Adequate. This Checklist is found on Page 360 of the E&S Program Manual (March 2012).

Expanded E&S Technical Review Checklist

Step 5: Permit Authorization

Permit coverage expires 5 years from the approval date.

The Permittee should be aware of the permit conditions (attached to the permit authorization) as well as the regulatory requirements.

TAKE A BREAK?


ep 4 DCCD

Technical Review St

ep 5 Permit

Authorization

Step

6 45-Day Instrument Filing

Step 6: 45-Day Instrument Filing

The following information is taken from the DEP Post Construction Stormwater Management (PCSM) Instrument Filing Notice. Document: 3150-PM-BWEW0556 Rev. 6/2014

• Regulatory Requirement: The PCSM Instrument Filing Notice serves to fulfill the PCSM obligations referenced in 25 Pa. Code §§ 102.7 (related to permit termination) and 102.8(m) (related to PCSM long-term operation and maintenance requirements).


• Applicability: For any property containing a PCSM BMP, the permittee or co-permittee, who are presently covered under an Individual or General NPDES Permit for Discharges of Stormwater Associated with Construction Activities, an Erosion and Sediment Control Permit (ESCP), or an Erosion and Sediment Control General Permit (ESCGP) shall use the PCSM Instrument Filing Notice to record an instrument with the Recorder of Deeds Office. If the project is associated with a new subdivision, the instrument is to be recorded prior to issuance of the first deeds and is to be explicitly referenced in every first deed recorded in association with the project and subdivision.


• The instrument will assure disclosure of the PCSM BMPs and the related obligations in the ordinary course of a title search of the subject property. The recorded instrument must:

1. identify the PCSM BMP(s)2. provide for the necessary access related to long-term operation and maintenance of the PCSM BMP(s)3. provide notice that the responsibility for long-term operation and maintenance of the PCSM BMP(s) is a covenant that runs with the land that is binding upon and enforceable by subsequent grantees4. provide proof of filing with the Notice of Termination under §102.7(b)(5) (relating to permit termination)

Some municipalities require a similar instrument. As long as the municipal instrument meets the above requirements, it is acceptable for fulfilling the requirements of Chapter 102.


• What gets attached to the Instrument Filing Notice as Exhibits?• Instrument for the Declaration of Restrictions and Covenants (Instrument)

45-Day Instrument Filing

Instrument for the Declaration of Restrictions and Covenants

Sample Document found at www.dauphincd.org


Instrument for the Declarationof Restrictions and Covenants


Instrument for the Declaration Restrictions and Covenants


Instrument for the Declarationof Restrictions and Covenants


Instrument for the Declaration of Restrictions and Covenants


• What gets attached to the Instrument Filing Notice as Exhibits?• Instrument for the Declaration of Restrictions and Covenants (Instrument)

• Record Drawings/As-Builts (the approved PCSM Plan may be attached in lieu of record drawings/as-builts if construction of the PCSM BMP(s) has not been completed by the time of filing)

• All applicable landowner notices if available

Property Owner Notification


On permitted sites containing a subdivision, DCCD shall receive a copy of the “New Property Owner Notification Form” from the initial sale of each individual lot that has a PCSM BMP located on it within 45 days of the date of sale and at the time of permit termination (N.O.T.).


• What gets attached to the Instrument Filing Notice as Exhibits?• Instrument for the Declaration of Restrictions and Covenants (Instrument)• Record Drawings/As-Builts (the approved PCSM Plan may be attached in lieu

of record drawings/as-builts if construction of the PCSM BMP(s) has not been completed by the time of filing)

• All applicable landowner notices if available• Long-term Operation and Maintenance plan which clearly outlines the

operation and maintenance activities necessary for the associated PCSM BMP(s)

• Any PCSM BMP operation and maintenance agreements• Once record drawings/as-builts become available, they are to be included as

an amendment to the Instrument.


• What’s up with the whole 45-day thing?

• It is a condition of the PAG02 that the PCSM Instrument be filed in the Recorder of Deeds office within 45 days from the date of permit issuance or authorization (unless DEP approves a later date in writing).

• DCCD and the DEP must be provided with the date and place of recording along with a reference to the docket, deed book or other record, within 90 days from the date of permit issuance or authorization (unless DEP approves a later date in writing).

• Failure to complete the 45-Day recording is a Violation of the Conditions of the Permit and will be noted as such on all subsequent inspection reports.



This document is designed to assist the Permittee with filing and the Recorder of Deeds Office with recording Instruments.




• So, why is this so important???

1. It is a Condition of the Permit.

2. It is recording ownership and assigning operation and maintenance requirements early in the process and getting it attached to the deed(s) so that those elements pass with the property in perpetuity.

3. It is the Permittee’s responsibility to ensure the instrument is filed.



ep 7 Pre-

Construction Meeting St

ep 8 Site

Inspections

Step

9 Notice of Termination (N.O.T.)

Step 7: Pre-Construction Meeting

• Pre-Construction Meetings are Mandatory!!!

• It is a Violation of the permit conditions to begin construction without a Pre-Construction Meeting and it will be noted as such on all subsequent inspection reports.

• The Design Engineer should be present to answer any questions and to discuss the Critical Stages of Implementation.

• Other Attendees: DCCD, Permittee, Co-Permittee(s), General Contractor, Municipal Official(s), Other Agency Personnel

• It is the Permittee’s responsibility to organize the Pre-Construction Meeting and make sure that all appropriate individuals are present.

Step 8: Site Inspections

• DCCD Technicians complete required and routine inspections throughout the course of the project.

• If a complaint is received, a site inspection will be conducted within 10 days.

• Inspection Reports are completed for each formal inspection conducted.

Step 9: Notice of Termination (N.O.T.)

• There are 2 N.O.T. Forms, each to be used in specific circumstances:

• Form 3150-PM-BWEW0229a (Rev. 10/2015) is to be used to terminate permits that are not subject to the November 19, 2010 regulation changes

• Form 3150-PM-BWEW0229b (Rev. 9/2015) is to be used to terminate permits that are subject to the November 19, 2010 regulation changes

N.O.T. “Cheat Sheet”

IF YOUR PERMIT WAS THEN MEET PCSM

REQUIREMENTS FROM

USE NOTICE OF

TERMINATION

AUTHORIZED BEFORE NOVEMBER 19, 2010 OR

SUBMITTED BEFORE NOVEMBER 19, 2010 BUT

AUTHORIZED AFTER NOVEMBER 19, 2010

2009 PERMIT AMENDMENT

PRE NOVEMBER 19 2010 REGULATIONS

3150-PM-BWEW0229a

Rev. 10/2015

RENEWED BEFORE JANUARY 1, 2013 AND

AUTHORIZED BEFORE NOVEMBER 19, 2010 OR

SUBMITTED BEFORE NOVEMBER 19, 2010 BUT

AUTHORIZED AFTER NOVEMBER 19, 2010


PRE NOVEMBER 19 2010 REGULATIONS

3150-PM-BWEW0229a

Rev. 10/2015

SUBMITTED AND AUTHORIZED AFTER NOVEMBER 19,

2010 BUT BEFORE JANUARY 1, 2013


NOVEMBER 19, 2010 REGULATIONS

3150-PM-BWEW0229b

Rev. 9/2015

AUTHORIZED OR RENEWED AFTER JANUARY 1, 2013


NOVEMBER 19, 2010 REGULATIONS

3150-PM-BWEW0229b

Rev. 9/2015


Please note the Revision Date of 9/2015


The following example is using Form 3150-PM-BWEW0229b (Rev. 9/2015) for permits subject to the Nov. 19, 2010 regulation changes.


Section 5: Final Certification of Professional

Since the Licensed Professional must sign off that all PCSM BMPs were installed properly, they mustbe present for the installation of those facilities that cannot be inspected after installation (Critical Stages of Implementation).


Certification of Instrument Filing


Certification by the Permittee requesting Permit Termination


Appendix A: Summary Table of Installed PCSM BMPs

All information in this table shall correspond to the BMPs used in the PCSM Plan and their function in treating/attenuating the proposed stormwater from the permitted site.


All individuals responsible for the Long-Term Operation andMaintenance of one (or more)PCSM BMP(s) must be identified in Appendix B.

In addition, the signature of all individuals identified in Appendix B must be obtained.

Completion of this form is in addition to any “New Property Owner Notification Forms” or other landowner notices.

Step 9a: Property Owner Notification Form

Reminder: On permitted sites containing a subdivision, DCCD shall receive a copy of the “New Property Owner Notification Form” from the initial sale of each individual lot that has a PCSM BMP located on it within 45 days of the date of sale.



N.O.T. Checklist: Complete necessary sections to ensure all necessary documents/attachments are provided.

DCCD will provide a completeness review of the N.O.T. and associated documents based on the “Paperwork Requirements” section of the Checklist. Once deemed complete, DCCD staff will perform a site inspection to verify the items in the “Fieldwork Requirements” section of the Checklist.


• Please note that DCCD Technicians will, as part of the Completeness Review, access the recorded Instrument at the Recorder of Deeds office to verify the accuracy and completeness and compare it to the Record Drawings/As-Builts and the Operation and Maintenance specifications.

• Please ensure that all PCSM BMPs are shown on the Record Drawings/As-Builts and listed in the operation and maintenance agreements/plans.

• If BMPs are missing, the N.O.T. will be rejected and the permit will not be terminated until the discrepancies are addressed.


• Items verified during the required field inspection

• Permanent Stabilization per 25 PA Code §102.22(a)(2)

• Removal of E&S BMPs per 25 PA Code §102.4 and approved permit

• Installation of PCSM BMPs per 25 PA Code §102.8 and approved permit


• If everything is found to be suitable/adequate, an acknowledgement letter and a copy of our final inspection report will be sent to the Permittee.

• If issues remain, the inspection report will note them and the N.O.T. will not be acknowledged until these issues are addressed.


• Permittee (and Co-Permittee) is/are responsible for all conditions of the permit until an N.O.T. is acknowledged, even if the permit expires.

• As the design engineers, it is important for you to stress that last point to your clients!!

• Co-Permittee can be released from liability prior to the permit being terminated.

Co-Permittee Release of Liability Form



So, what needs included…? (Summary)

• 45 Day Instrument Filing – Must include the following and be recorded at the Recorder of Deeds Office: Instrument for the Declaration of Restrictions and Covenants, Record Drawings/As-Builts(or the PCSM Plan), Applicable Landowner Notices, Long-Term O&M Plan, and all PCSM O&M Agreements

• N.O.T. Filing – Must include the following: Completed N.O.T. form, Record Drawings/As-Builts, Copy of Landowner Notices, Copy of the Recorder of Deeds Office Receipt for Instrument Filing, Appendices A & B, Completeness Review and Fieldwork Checklist

FAQs• Is the “Landowner Notice” form necessary if there will be no transfer

of ownership of the parcel?• No. If the permittee retains ownership of the parcel, then no “Landowner

Notice” form is necessary.

• Does an Instrument need to be amended if it was initially recorded with the PCSM Plan?• The Instrument must accurately reflect the as-built conditions of the site. If

the initial recording was not done with the Record Drawings/As-Builts, then they are to be filed as an amendment to the Instrument once they become available.

FAQs Continued• Who constitutes a licensed professional?

• 25 PA Code §102.1 defines a licensed professional as: professional engineers, landscape architects, geologists, and land surveyors licensed to practice in this Commonwealth.

• Do N.O.T.s need to be submitted for sites with expired permits?• Yes. Per 25 PA Code §102.7(c), the permittee and co-permittee will remain

responsible for compliance with the permit terms and conditions until they receive written N.O.T. approval.

• What form should be used to remove a co-permittee from the permit?• Form 3150-FM-BWEW0271 (Rev. 10/2015), Co-permittee Liability Release

Form

FAQs Continued• Can N.O.T.s be submitted for phases or stages of a project?

• Yes.

• If the permittee has no plans to sell the property, does an Instrument still need to be filed?• Yes. Long-term operation and maintenance of the PCSM BMPs is a covenant

that runs with the land that is binding upon and enforceable by subsequent grantees.

• Is this the best Power Point presentation you have ever seen?• Yes, yes it is!!

Contact Information

• Dauphin County Conservation District

1451 Peters Mountain Road

Dauphin, PA 17018

717-921-8100

Website: www.dauphincd.org

• To receive an electronic copy of this presentation,

email Matt Williard – [email protected]

mailto:[email protected]

Thank you for attending!!!

Documents

Chapter 102 Workshop - dauphincd.org 102 Permitting Workshop 2016.pdf•The PAG02 has a list of activities that are not eligible for coverage under the General NPDES Permit. •One