[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Notices]
[Pages 18605-18628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9695]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5810-6]


Draft National Pollutant Discharge Elimination System (NPDES) 
General Permit for Storm Water Discharges From Construction Activities 
That Are Classified as Associated With Industrial Activity (FLR100000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of draft NPDES general permit reissuance for storm water 
discharges from construction activities

[[Page 18606]]

that are classified as ``associated with industrial activity''.

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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 
regulating 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 and for discharges from municipal separate storm 
sewer systems serving a population of 100,000 or more. In the permit 
application regulations, 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.
    EPA published a final NPDES general permit for storm water 
discharges from construction activities that are classified as 
``associated with industrial activity'' on September 25, 1992, (57 FR 
44412). The general permit established Notice of Intent (NOI) 
requirements, special conditions, requirements to develop and implement 
storm water pollution prevention plans, and requirements to conduct 
site inspections for facilities with discharges authorized by the 
permit. Today's notice requests comments on the draft reissuance of the 
above referenced general permit for discharges of storm water from 
construction activities ``associated with industrial activity'' in the 
State of Florida.

ADDRESSES: Persons wishing to comment upon or object to any aspects of 
this permit reissuance or wishing to request a public hearing, are 
invited to submit the same in writing within sixty (60) days of this 
notice to the Office of Environmental Assessment, United States 
Environmental Protection Agency, Region 4, Atlanta Federal Center, 100 
Alabama Street, S.W., Atlanta, GA 30303-3104, Attention: Ms. Lena 
Scott.

DATES: Comments relative to this draft permit are not required; 
however, if you wish to submit comments, the comments must be received 
by June 16, 1997.

FOR FURTHER INFORMATION CONTACT: 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, Surface Water 
Permits Section, Atlanta Federal Center, 61 Forsyth Street, S.W., 
Atlanta, GA 30303.

SUPPLEMENTARY INFORMATION:

Procedures for Reaching a Final Permit Decision

    Pursuant to 40 CFR 124.13, any person who believes any condition of 
the permit is inappropriate must raise all reasonably ascertainable 
issues and submit all reasonably available arguments in full, 
supporting their position, by the close of the comment period. All 
comments on the proposed NPDES general permit received within the 60-
day period will be considered in the formulation of final 
determinations regarding the permit reissuance.
    After consideration of all written comments and the requirements 
and policies in the Act and appropriate regulations, the EPA Regional 
administrator will make determinations regarding the general permit 
reissuance. If the determinations are substantially unchanged from 
those announced by this notice, the Administrator will so notify all 
persons submitting written comments. If the determinations are 
substantially changed, the Administrator will issue a public notice 
indicating the revised determinations.
    A formal hearing is available to challenge any NPDES permit issued 
according to the regulations at 40 CFR 124.15 except for a general 
permit as cited by 40 CFR 124.71. Persons affected by a general permit 
may not challenge the conditions of a general permit as a right in 
further Agency proceedings. They may instead either challenge the 
general permit in court, or apply for an individual permit as specified 
at 40 CFR 122.21 as authorized at 40 CFR 122.28, and then request a 
formal hearing on the issuance or denial of an individual permit.

Administrative Record

    The proposed NPDES general permit, fact sheet and other relevant 
documents are on file and may be inspected any time between 9:00 a.m. 
and 4:00 p.m., Monday through Friday at the address shown below. Copies 
of the draft NPDES general permit, fact sheet or other relevant 
documents may be obtained by writing the United States Environmental 
Protection Agency, Region 4, Atlanta Federal Center, 100 Alabama 
Street, S.W., Atlanta, GA 30303-3104, Attention: Ms. Lena Scott, or 
calling (404) 562-9607.

Draft NPDES Permits for Storm Water Discharges from Construction 
Activities that are Classified as ``Associated with Industrial 
Activity''

Table of Contents

Part I. Coverage Under This Permit
    A. Permit Area
    B. Eligibility
    C. Authorization
Part II. Notice of Intent Requirements
    A. Deadlines for Notification
    B. Failure to Notify
    C. Where to Submit
    D. Additional Notification
    E. Renotification
Part III. Special Conditions
    A. Prohibition on Non-storm Water Discharges
    B. Releases in excess of Reportable Quantities
Part IV. Unpaved Rural Roads
    A. Construction
    B. Maintenance
Part V. Storm Water Pollution Prevention Plans
    A. Deadlines for Plan Preparation and Compliance
    B. Signature and Plan Review
    C. Keeping Plans Current
    D. Contents of Plan
    E. Contractors
Part VI. Retention of Records
Part VII. Standard Permit Conditions
    A. Duty to Comply
    B. Continuation of the Expired General Permit
    C. Need to Halt or Reduce Activity Not a Defense
    D. Duty to Mitigate
    E. Duty to Provide Information
    F. Other Information
    G. Signatory Requirements
    H. Penalties for Falsification of Reports
    I. Penalties for Falsification of Monitoring Systems
    J. Oil and Hazardous Substance Liability
    K. Property Rights
    L. Severability
    M. Transfers
    N. Requiring an Individual Permit or an Alternative General 
Permit
    O. State Laws
    P. Proper Operation and Maintenance
    Q. Inspection and Entry
    R. Permit Actions
    S. Planned Changes
    T. Twenty-four Hour Reporting
    U. Bypass
Part VIII. Reopener Clause
Part IX. Notice of Termination
    A. Contents of the Notice of Termination
    B. Where to Submit
    C. Additional Notification
Part X. Definitions

PREFACE

    The 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 an National Pollutant Discharge 
Elimination System (NPDES)

[[Page 18607]]

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.

Part I. Coverage Under this Permit

A. Permit Area
    The permit covers all areas administered by Region 4 in the State 
of Florida.
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),\1\ (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.
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    \1\ On June 4, 1992, the United State Court of Appeals for the 
Ninth Circuit remanded the exemption for construction sites of less 
than five acres to the EPA for further rulemaking. (Nos. 90-70671 
and 91-70200).
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    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 activity other than construction 
are occurring (including storm water discharges from dedicated asphalt 
plants and dedicated concrete plants) 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 industrial activity that 
are subject to an existing NPDES individual or general permit or which 
are issued a permit in accordance with paragraph VI.L (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 
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 (see Appendix C);
    f. 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.\2\
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    \2\ A copy of the approved NOI form is provided in Appendix A of 
this notice.
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    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, and II.A.4, 
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 October 1, 
1997), including unpaved rural roads, shall submit a Notice of Intent 
(NOI) in accordance with the requirements of this Part by December 31, 
1997;
    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 October 1, 1997, 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, the owner of a storm water management system must receive a State 
of Florida storm water 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. In such instances, EPA may bring appropriate enforcement 
actions.
B. Contents of Notice of Intent
    The Notice(s) of Intent shall be signed in accordance with Part 
VII.G of this permit by all of the entities identified in Part II.B.2 
and shall include the following information:
    1. The mailing address, and location (including the county) of the

[[Page 18608]]

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 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). 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 associated with construction activity.
C. Where to Submit
    1. Facilities which discharge storm water associated with 
industrial activity must use a NOI form provided by the Director (or 
photocopy thereof). The form in the Federal Register notice in which 
this permit was published may be photocopied and used. 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, S.W., 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, 
Orange, Palm Beach, Pinellas, Polk or Sarasota 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. Renotification
    Upon issuance of a new general permit, the permittee is required to 
notify the Director of his intent to be covered by the new general 
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 a 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 wash vehicles or control dust in accordance 
with Part V.D.2.c.(2); potable water sources including waterline 
flushings; 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. The applicant may 
seek coverage for these discharges under NPDES General Permit No. 
FLG830000, published on July 17, 1989. (54 FR 29986) and modified on 
August 29, 1991 (56 FR 42736).
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; in the Washington, DC metropolitan area 202-426-
2675) 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

[[Page 18609]]

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.

Part IV. Unpaved Rural Roads

A. Applicability
    The provisions of this part are applicable to the construction of 
roads, except roads constructed for silviculture and agricultural uses, 
that disturb five (5) acres or more and will remain unpaved after 
construction is complete.
B. Construction
    Construction of unpaved rural roads where the possibility of a 
point source discharge to surface waters exists, must comply with all 
applicable portions of this permit and the document Silviculture Best 
Management Practices, 1993 Florida Department of Agriculture & Consumer 
Services, or most current version or revisions of this document. In 
addition, the following conditions apply:
    1. Water turnouts, drainage systems designed to reduce the volume 
and velocity of ditch flow, shall be constructed in conjunction with 
the roadside drainage ditches in accordance with Appendix 7 of the 
above referenced document.
    2. All water turnouts must direct diverted flow onto vegetated 
areas where it can be adequately dispersed. The turnouts shall not 
direct diverted flow or road runoff into waters of the United States.
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.
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 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, or authorized representative, 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 require 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 industrial 
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 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

[[Page 18610]]

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 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 
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) Performance Standards. (a) The erosion and sediment controls 
must be capable of removing 80% of the Settleable Solids (SS) in storm 
water discharges from the site to Class III waters.
    (b) The erosion and sediment controls must be capable of removing 
95% of the SS in storm water discharges from the site to sensitive 
waters such as potable water sources (class I waters), shellfish 
harvesting waters (Class II waters) and outstanding Florida waters.
    (2) 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 in 
portions of the site where construction activities have temporarily or 
permanently ceased.
    (3) 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 in 
accordance with the requirements set forth in Section 62-40, 420, FAC, 
and the applicable storm water 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 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.
    (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 is 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 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. 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 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 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 the requirements set forth in the 
State of Florida storm water permit issued for the site.
    (1) Such practices may include: storm water detention structures 
(including

[[Page 18611]]

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). Pursuant to the requirements of section 62-40, 420, 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 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.
    d. Approved State or Local Plans.
    (1) Facilities which discharge storm water associated with 
industrial activity from construction activities 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 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 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 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 control measures and 
other protective measures identified in the site plan in good and 
effective operating conditions.
    4. Inspections. 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, or during seasonal arid periods in arid areas 
(areas with an average annual rainfall of 0-10 inches) and semi-arid 
areas (areas with an average annual rainfall of 10-20 inches) 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. 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 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 
industrial

[[Page 18612]]

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 (see Part II.C of 
this permit), all written correspondence directed to the U.S. 
Environmental Protection Agency concerning discharges in any State, 
Indian land or from any Federal Facility covered under this permit, 
including the submittal of individual permit applications, shall be 
sent to the address listed below: U.S. EPA, Region 4, Water Management 
Division, Storm Water Staff, 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 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 year, 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 year, 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 on October 1, 2002. However, an 
expired general permit continues in force and effect until a new 
general permit or an individual permit is issued. Permittees must 
submit a new NOI in accordance with the requirements of Part II of this 
permit, using an NOI form provided by the Director (or photocopy 
thereof) between August 1, 2002 and October 1, 2002 to remain covered 
under the continued permit after October 1, 2002. Facilities that have 
not obtain coverage under the permit by October 1, 2002 cannot become 
authorized to discharge under the continued permit.
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

[[Page 18613]]

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 VI.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 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 of 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

[[Page 18614]]

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 includes adequate laboratory controls and appropriate 
quality assurance procedures. Proper operation and maintenance requires 
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, 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 reoccurrence 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;

[[Page 18615]]

    (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 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. 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.''

    For the purposes of this certification, elimination of storm water 
discharges associated with industrial 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. All Notices of Termination are to be sent, using the form 
provided by the Director (or a photocopy thereof) <SUP>3, to the 
following address: Storm Water Notice of Termination, Surface Water 
Permits & Facilities Branch, 100 Alabama St., SW, Atlanta, GA 30303.
---------------------------------------------------------------------------

    \3\ A copy of the approved NOT form is provided in Appendix A of 
this notice.
---------------------------------------------------------------------------

C. Additional Notification
    A copy of the Notice of Termination shall be sent to the State 
agency which issued the State storm water 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 
asphalt only 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 
concrete only 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

[[Page 18616]]

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).
    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 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 limitations 
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;

[[Page 18617]]

    (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)).<SUP>4
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    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 CWA are not waters of the United 
States.
Robert F. McGhee,
Director, Water Management Division.

Draft NPDES Permits for Storm Water Discharges from Construction 
Activities that are Classified as ``Associated with Industrial 
Activity''; Fact Sheet

DATES: These general permits shall be effective on April 16, 1997. 
Deadlines for submittal of Notices of Intent to be authorized to 
discharge under these permits are as follows:
    (1) On or before October 1, 1992, for storm water discharges 
associated with industrial activity from construction sites where 
disturbances associated with a construction project occur on or before 
October 1, 1992, and final stabilization is completed after October 1, 
1992;
    (2) For storm water discharges associated with industrial activity 
from construction sites where disturbances associated with a 
construction project do not occur until after October 1, 1992, at least 
2 days prior to the commencement of construction; and
    (3) For storm water discharges associated with industrial activity 
from construction sites where the original permittee at the site 
changes or an additional operator submits an NOI for coverage as a 
copermittee, a new NOI shall be submitted at least 2 days prior to when 
the new operator commences work at the site.
    The final general permits provide additional dates for compliance 
with the terms of the permit.

Table of Contents

I. Introduction
II. Coverage of General permits
III. Summary of Options for Controlling Pollutants
IV. Summary of Permit Conditions
V. Cost Estimates
VI. Economic Impact (Executive Order 12291)
VII. Paperwork Reduction Act
VIII. Section 401 Certification
IX. Regulatory Flexibility Act

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 Untied 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''.
    In 1992, EPA 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 Permits

    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)).<SUP>5 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.
---------------------------------------------------------------------------

    \5\ On June 4, 1992, the United States Court of Appeals for the 
Ninth Circuit remanded the exemption for construction sites of less 
than five acres to the EPA for further rulemaking (Natural Resources 
Defense Council v. EPA, Nos. 90-70671 and 91-70200, slip op. at 6217 
(9th Cir. June 4, 1992).
---------------------------------------------------------------------------

    This draft general permit may authorize storm water discharges from 
existing construction sites (facilities where construction activities 
began before October 1, 1997, and final stabilization is to occur after 
October 1, 1997) and new construction sites. New construction sites are 
those facilities where disturbances associated construction activities 
commence after October 1, 1997. To obtain authorization under today's 
permits, a discharger must submit a complete NOI and comply with the 
terms of the permit. The terms of the permit, including the 
requirements for submitting an NOI, are discussed in more detail below.
    The following discharges are not authorized by these final general 
permits:
    <bullet> Storm water discharges associated with industrial activity 
that originate

[[Page 18618]]

from the site after construction activities have been completed and the 
site has undergone final stabilization;
    <bullet> Non-storm water discharges (except certain non-storm water 
discharges specifically listed in today's general permits). However, 
today's permits can authorize storm water discharges from construction 
activities where such discharges are mixed with non-storm water 
discharges that are authorized by a different NPDES permit;
    <bullet> Storm water discharges from construction sites that are 
covered by an existing NPDES individual or general permit. However, 
storm water discharges associated with industrial activity from a 
construction site that are authorized by an existing permit may be 
authorized by today's general permit after the existing permit expires, 
provided the expired permit did not establish numeric limitations for 
such discharges;
    <bullet> Storm water discharges from construction sites that the 
Director has determined to be or may reasonably be expected to be 
contributing to a violation of a water quality standard; and
    <bullet> Storm water discharges from construction sites if the 
discharges are likely to adversely affect a listed endangered or 
threatened species or a species that is proposed to be listed as 
endangered or threatened or its critical habitat.

III. Summary of Options for Controlling Pollutants

    Most controls for construction activities can be categorized into 
two groups: 1) sediment and erosion controls; and 2) storm water 
management measures. Sediment and erosion controls generally address 
pollutants in storm water generated from the site during the time when 
construction activities are occurring. Storm water management measures 
generally are installed during and before competition of the 
construction process, but primarily result in reductions of pollutants 
in storm water discharged from the site after the construction has been 
completed. Additional measures include housekeeping best management 
practices.
A. Sediment and Erosion Controls.
    Erosion controls provide the first line of defense in preventing 
offsite sediment movement and are designed to prevent erosion through 
protection and preservation of soils. Sediment controls are designed to 
remove sediment from runoff before the runoff is discharged from the 
site. Sediment and erosion controls can be further divided into two 
major classes of controls: stabilization practices and structural 
practices. Major types of sediment and erosion practices are summarized 
below. A more complete description of these practices is given in 
``Storm Water Management for Construction Activities: Developing 
Pollution Prevention Plans and Best Management Practices'', U.S. EPA, 
1992.
    1. Sediment and Erosion Controls: Stabilization Practices. 
Stabilization, as discussed here, refers to covering or maintaining an 
existing cover over soils. The cover may be vegetation, such as grass, 
trees, vines, or shrubs. Stabilization measures can also include 
nonvegetative controls such as geotextiles, riprap, or gabions (wire 
mesh boxes filed with rock). Mulches, such as straw or bark, are most 
effective when used in conjunction with establishing vegetation, but 
can be used without vegetation. Stabilization of exposed and denuded 
soils is one of the most important factors in minimizing erosion while 
construction activities occur. A vegetation cover reduces the erosion 
potential of a site by absorbing the kinetic energy of raindrops that 
would otherwise disturb unprotected soil; intercepting water so that it 
infiltrates into the ground instead of running off the surface; and 
slowing the velocity of runoff, thereby promoting deposition of 
sediment in the runoff. Stabilization measures are often the most 
important measures taken to prevent offsite sediment movement and can 
provide large reductions suspended sediment levels in discharges and 
receiving waters.\6\ Examples of stabilization measures are summarized 
below.
---------------------------------------------------------------------------

    \6\ ``Performance of Current Sediment Control Measures at 
Maryland Construction Sites'', January 1990, Metropolitan Washington 
Council of Governments.
---------------------------------------------------------------------------

    a. Temporary Seeding. Temporary seeding provides for temporary 
stabilization by establishing vegetation at areas of the site where 
activities will temporarily cease until later in the construction 
project. Without temporary stabilization, soils at these areas are 
exposed to precipitation for an extended time period, even though work 
is not occurring on these areas. Temporary seeding practices have been 
found to be up to 95 percent effective in reducing erosion.\7\
---------------------------------------------------------------------------

    \7\ ``Guides for Erosion and Sediment Control in California,'' 
USDA, Soil Conservation Service, Davis CA, Revised 1985.
---------------------------------------------------------------------------

    b. Permanent Seeding. Permanent seeding involves establishing a 
sustainable ground cover at a site. Permanent seeding stabilizes the 
soil to reduce sediment in runoff from the site by controlling erosion 
and is typically required at most sites for aesthetic reasons.
    c. Mulching. Mulching is typically conducted as part of permanent 
and temporary seeding practices. Where temporary and permanent seeding 
is not feasible, exposed soils can be stabilized by applying plant 
residues or other suitable materials to the soil surface. Although 
generally not as effective as seeding practices, mulching by itself, 
does provide some erosion control. Mulching in conjunction with seeding 
provides erosion protection prior to the onset of vegetation growth. In 
addition, mulching protects seeding activities, providing a higher 
likelihood of successful establishment of vegetation. To maintain 
optimum effectiveness, mulches must be anchored to resist wind 
displacement.
    d. Sod Stabilization. Sod stabilization involves establishing long-
term stands of grass with sod on exposed surfaces. When installed and 
maintained properly, sodding can be more than 99 percent effective in 
reducing erosion \8\, making it the most effective vegetation practice 
available. The cost of sod stabilization (relative to other vegetative 
controls) typically limits its use to exposed soils where a quick 
vegetative cover is desired and sites which can be maintained with 
ground equipment. In addition, sod is sensitive to climate and may 
require intensive watering and fertilization.
---------------------------------------------------------------------------

    \8\ ``Guides for Erosion and Sediment Control in California'', 
USDA--Soil Conservation Service, Davis CA, Revised 1985.
---------------------------------------------------------------------------

    e. Vegetative Buffer Strips. Vegetative buffer strips are preserved 
or planted strips of vegetation at the top and bottom of a slope, 
outlining property boundaries, or adjacent to receiving waters such as 
streams or wetlands. Vegetative buffer strips can slow runoff flows at 
critical areas, decreasing erosion and allowing sediment deposition.
    f. Protection of Trees. This practice involves preserving and 
protecting selected trees that exist on the site prior to development. 
Mature trees provide extensive canopy and root systems which help to 
hold soil in place. Shade trees also keep soil from drying rapidly and 
becoming susceptible to erosion. Measures taken to protect trees can 
vary significantly, from simple measures such as installing tree 
fencing around the drip line and installing tree armoring, to more 
complex measures such as building retaining walls and tree wells.
    2. Sediment and Erosion Controls: Structural Practices. Structural 
practices involve the installation of devices to

[[Page 18619]]

divert flow, store flow, or limit runoff. Structural practices have 
several objectives. First, structural practices can be designed to 
prevent water from crossing disturbed areas where sediment may be 
removed. This involves diverting runoff from undisturbed upslope areas 
through use of earth dikes, temporary swales, perimeter dike/swales, or 
diversions to stable areas. A second objective of structural practices 
can be to remove sediment from site runoff before the runoff leaves the 
site. Approaches to removing sediment from site runoff include 
diverting flows to a trapping or storage device or filtering diffuse 
flow through silt fences before it leaves the site. All structural 
practices require proper maintenance (removal of sediment) to remain 
functional.
    a. Earth Dike. Earth dikes are temporary berms or ridges of 
compacted soil that channel water to a desired location. Earth dikes 
should be stabilized with vegetation.
    b. Silt Fence. Silt fences are a barrier of geotextile fabric 
(filter cloth) used to intercept sediment in diffuse runoff. They must 
be carefully maintained to ensure structural stability and to remove 
excess sediment.
    c. Drainage Swales. A drainage swale is a drainage channel lined 
with grass, riprap, asphalt, concrete, or other materials. Drainage 
swales are installed to convey runoff without causing erosion.
    d. Sediment Traps. Sediment traps can be installed in a drainage 
way, at a storm drain inlet, or other points of discharge from a 
disturbed area.
    e. Check Dams. Check dams are small temporary dams constructed 
across a swale or drainage ditch to reduce the velocity of runoff 
flows, thereby reducing erosion of the swale or ditch. Check dams 
should not be used in a live stream. Check dams reduce the need for 
more stringent erosion control practices in the swale due to the 
decreased velocity and energy of runoff.
    f. Level Spreader. Level spreaders are outlets for dikes and 
diversions consisting of an excavated depression constructed at zero 
grade across a slope. Level spreaders convert concentrated runoff into 
diffuse runoff and release it onto areas stabilized by existing 
vegetation.
    g. Subsurface Drain. Subsurface drains transport water to an area 
where the water can be managed effectively. Drains can be made of tile, 
pipe, or tubing.
    h. Pipe Slope Drain. A pipe slope drain is a temporary structure 
placed from the top of a slope to the bottom of a slope to convey 
surface runoff down slopes without causing erosion.
    i. Temporary Storm Drain Diversion. Temporary storm drain 
diversions are used to re-direct flow in a storm drain to discharge 
into a sediment trapping device.
    j. Storm Drain Inlet Protection. Storm drain inlet protection can 
be provided by a sediment filter or an excavated impounding area around 
a storm drain inlet. These devices prevent sediment from entering storm 
drainage systems prior to permanent stabilization of the disturbed 
area.
    k. Rock Outlet Protection. Rock protection placed at the outlet end 
of culverts or channels can reduce the depth, velocity, and energy of 
water so that the flow will not erode the receiving downstream reach.
    l. Other Controls. Other controls include temporary sediment 
basins, sump pits, entrance stabilization measures, waterway crossings, 
and wind breaks.
B. Storm Water Management Measures.
    Storm water management measures are installed during and prior to 
completion of the construction process, but primarily result in 
reductions of pollutants in storm water discharged from the site after 
the construction has been completed. Construction activities often 
result in significant changes in land use. Such changes typically 
involve an increase in the overall imperviousness of the site, which 
can result in dramatic changes to the runoff patterns of a site. As the 
amount within a drainage area increases, the amount of pollutants 
carried by the runoff increases. In addition, activities such as 
automobile travel on roads can result in higher pollutant 
concentrations in runoff compared to preconstruction levels. 
Traditional storm water management controls attempt to limit the 
increases in the amount of runoff and the amount of pollutants 
discharged from a site associated with the change in land use.
    Major classes of storm water management measures include 
infiltration of runoff onsite; flow attenuation by vegetation or 
natural depressions; outfall velocity dissipation devices; storm water 
retention structures and artificial wetlands; and storm water detention 
structures. For many sites, a combination of these controls may be 
appropriate. A summary of storm water management controls is provided 
below. A more complete description of storm water management controls 
is found in ``Storm Water Management for Construction Activities: 
Developing Pollution Prevention Plans and Best Management Practices'', 
U.S. EPA, 1992, and ``A Current Assessment of Urban Best Management 
Practices'' Metropolitan Washington Council of Governments, March 1992.
    1. Onsite Infiltration. A variety of infiltration technologies, 
including infiltration trenches and infiltration basins, can reduce the 
volume and pollutant loadings of storm water discharges from a site. 
Infiltration devices tend to mitigate changes to predevelopment 
hydrologic conditions. Properly designed and installed infiltration 
devices can reduce peak discharges, provide ground water recharge, 
augment low flow conditions of receiving streams, reduce storm water 
discharge volumes and pollutant loads, and protect downstream channels 
from erosion. Infiltration devices are a feasible option where soils 
are permeable and the water table and bedrock are well below the 
surface. Infiltration basins can also be used as sediment basins during 
construction.\9\ Infiltration trenches can be more easily placed into 
under-utilized areas of a development and can be used for small sites 
and infill developments. However, trenches may require regular 
maintenance to prevent clogs, particularly where grass inlets or other 
pollutant removing inlets are not used. In some situations, such as low 
density areas of parking lots, porous pavement can provide for 
infiltration.
---------------------------------------------------------------------------

    \9\ ``Controlling Urban Runoff: A Practical Manual for Planning 
and Designing Urban BMPs'', July, 1987, Metropolitan Washington 
Council of Governments.
---------------------------------------------------------------------------

    2. Flow Attenuation by Vegetation or Natural Depressions. Flow 
attenuation provided by vegetation or natural depressions can provide 
pollutant removal and infiltration and can lower the erosive potential 
of flows.\10\ In addition, these practices can enhance habitat values 
and the appearance of a site. Vegetative flow attenuation devices 
include grass swales and filter strips as well as trees that are either 
preserved or planted during construction.
---------------------------------------------------------------------------

    \10\ ``Urban Targeting and BMP Selection'', United States EPA, 
Region V, November 1990.
---------------------------------------------------------------------------

    Typically the costs of vegetative controls are less than other 
storm water practices. The use of check dams incorporated into flow 
paths can provide additional infiltration and flow attenuation.\11\ 
Given the limited capacity to accept large volumes of runoff, and 
potential erosion problems associated with large concentrated flows, 
vegetative controls should

[[Page 18620]]

usually be used in combination with other storm water devices.
---------------------------------------------------------------------------

    \11\ ``Standards and Specifications for Infiltration 
Practices'', 1984, Maryland Water Resources Administration.
---------------------------------------------------------------------------

    Grass swales are typically used in areas such as low or medium 
density residential development and highway medians as an alternative 
to curb and gutter drainage systems.\12\
---------------------------------------------------------------------------

    \12\ ``Controlling Urban Runoff: A Practical Manual for Planning 
and Designing Urban BMPs'', Metropolitan Washington Council of 
Governments, July 1987.
---------------------------------------------------------------------------

    3. Outfall Velocity Dissipation Devices. Outfall velocity 
dissipation devices include riprap and stone or concrete flow 
spreaders. Outfall velocity dissipation devices slow the flow of water 
discharged from a site to lessen erosion caused by the discharge.
    4. Retention Structures/Artificial Wetlands. Retention structures 
include ponds and artificial wetlands that are designed to maintain a 
permanent pool of water. Properly installed and maintained retention 
structures (also known as wet ponds) and artificial wetlands \13\ can 
achieve a high removal rate of sediment, BOD, organic nutrients and 
metals, and are most cost-effective when used to control runoff from 
larger, intensively developed sites.\14\ These devices rely on settling 
and biological processes to remove pollutants. Retention ponds and 
artificial wetlands can also create wildlife habitat, recreation, and 
landscape amenities, as well as corresponding higher property values.
---------------------------------------------------------------------------

    \13\ See ``Wetland basins for Storm Water Treatment: Discussion 
and Background'', Maryland Sediment and Storm water Division, 1987 
and ``The Value of Wetlands for Non-point Source Control--Literature 
Summary'', Strecker, E., et al., 1990.
    \14\ ``Controlling Urban Runoff, A Practical Manual for Planning 
and Designing Urban BMPs'', Metropolitan Washington Council of 
Governments, 1987.
---------------------------------------------------------------------------

    5. Water Quality Detention Structures. Storm water detention 
structures include extended detention ponds, which control the rate at 
which the pond drains after a storm event. Extended detention ponds are 
usually designed to completely drain in about 24 to 40 hours, and will 
remain dry at other times. They can provide pollutant removal 
efficiencies that are similar to those of retention ponds.\15\ Extended 
detention systems are typically designed to provide both water quality 
and water quantity (flood control) benefits.\16\
---------------------------------------------------------------------------

    \15\ ``Urban Targeting and BMP Selection'', United States EPA, 
Region V, November 1990.
    \16\ ``Urban Surface Water Management'', Walesh, S.G., Wiley, 
1989.
---------------------------------------------------------------------------

C. Housekeeping BMPs
    Pollutants that may enter storm water from construction sites 
because of poor housekeeping include oils, grease, paints, gasoline, 
concrete truck washdown, raw materials used in the manufacture of 
concrete (e.g., sand, aggregate, and cement), solvents, litter, debris, 
and sanitary wastes. Construction site management plans can address the 
following to prevent the discharge of these pollutants:

    <bullet> Designate areas for equipment maintenance and repair;
    <bullet> Provide waste receptacles at convenient locations and 
provide regular collection of wastes;
    <bullet> Locate equipment washdown areas on site, and provide 
appropriate control of washwaters;
    <bullet> Provide protected storage areas for chemicals, paints, 
solvents, fertilizers, and other potentially toxic materials; and
    <bullet> Provide adequately maintained sanitary facilities.

IV. Summary of Permit Conditions

    These general permits contain Notice of Intent requirements, a 
prohibition on discharging sources of non-storm water, requirements for 
releases of hazardous substances or oil in excess of reporting 
quantities, requirements for developing and implementing storm water 
pollution prevention plans, and requirements for site inspections.
A. Notice of Intent Requirements
    NPDES general permits for storm water discharges associated with 
industrial activity require that dischargers submit a Notice of Intent 
(NOI) to be covered by the permit prior to the authorization of their 
discharges under such permit (see 40 CFR 122.28(b)(2)). Consistent with 
these regulatory requirements, today's draft permit proposes NOI 
requirements. These requirements are consistent with the previously 
issued general permit. Dischargers that submit a complete NOI are not 
required to submit an individual permit application for such discharge, 
unless the Director specifically notifies the discharger that an 
individual permit application must be submitted.
    Dischargers who want to obtain coverage under these permits must 
submit NOIs using the form provided by EPA (or a photocopy thereof). 
The NOI form is provided in Appendix A of this notice and can be 
photocopied for use in submittals. NOI forms are also available from 
the EPA Region 4 Office (see the ADDRESSES section of today's notice). 
Completed NOI forms must be submitted to the following address: Storm 
Water Notices of Intent(4203), 401 M Street, S.W., Washington, DC 20460
    Dischargers operating under approved State or local sediment and 
erosion plans, grading plans, or storm water management plans, must, in 
addition to filing copies of the NOI with EPA, submit signed copies of 
the NOI to the State or local agency approving such plans by the 
deadlines stated below.
1. Deadlines for Submitting NOIs
    Deadlines for submittal of NOIs to be authorized to discharge under 
these permits are as follows:

    <bullet> On or before October 1, 1997, for storm water 
discharges from construction sites where disturbances associated 
with a construction project occur on or before October 1, 1997, and 
final stabilization <SUP>17 is completed at the site after October 
1, 1997;
---------------------------------------------------------------------------

    \17\ The term ``final stabilization'' is defined in today's 
permits and is discussed in more detail in the Notice of Termination 
section of today's fact sheet.
---------------------------------------------------------------------------

    <bullet> 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), where such activities commence after 
October 1, 1997; and
    <bullet> For storm water discharges from construction sites 
where the operator changes, (including projects where an operator is 
selected after an NOI has been submitted), an NOI shall be submitted 
at least 2 days prior to when the operator commences work at the 
site.

    EPA will accept an NOI at a later date. However, in such instances, 
EPA may bring appropriate enforcement actions.
    2. Authorization. Dischargers who submit a complete NOI in 
accordance with the requirements of these permits 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, unless notified by EPA.
    EPA may deny coverage under this permit and require submittal of an 
individual NPDES permit application based on a review of the 
completeness and/or content of the NOI or other information (e.g., 
water quality information, compliance history, etc.). Where EPA 
requires a discharger authorized under the general permit to apply for 
an individual NPDES permit or an alternative general permit, EPA will 
notify the discharger in writing that a permit application is required. 
Coverage under this general permit will automatically terminate if the 
discharger fails to submit the required permit application in a timely 
manner. Where the discharger does submit a requested permit 
application, coverage under this general permit will automatically 
terminate on the effective date of the issuance or denial of the 
individual NPDES permit or the alternative general permit as it applies 
to the individual permittee.
    3. Contents of the NOI. A photocopy of the NOI in Appendix A of 
today's notice may be completed and submitted

[[Page 18621]]

to EPA's central address to obtain authorization to discharge under 
today's permits. The NOI form requires the following information:

    <bullet> The mailing address 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;
    <bullet> The site owner's name, address, and telephone number;
    <bullet> The name, address, and telephone number of the 
operator(s) with day-to-day operational control who have been 
identified at the time of the NOI submittal, and their 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 
preexisting NPDES permit, the NOI of the additional operator must 
indicate the preexisting NPDES permit number for discharge(s) from 
the site;
    <bullet> The name of the receiving water(s), or if the discharge 
is through a municipal separate storm sewer, the name of the 
municipal operator of the storm sewer and the ultimate receiving 
water(s);
    <bullet> The permit number of any NPDES permit(s) for any other 
discharge(s) (including any other storm water discharges or any non-
storm water discharges) from the site;
    <bullet> An indication of whether the operator has existing 
sampling data that describe the concentration of pollutants in storm 
water discharges. Existing data should not be included as part of 
the NOI and should not be submitted unless and until requested by 
EPA; and
    <bullet> 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 
the permit and that such plan complies with approved State and/or 
local sediment and erosion plans or permits and/or storm water 
management plans or permits. A copy of the plans or permits should 
not be included with the NOI submission, and should not be submitted 
unless and until requested by EPA.

    The NOI must be signed in accordance with the signatory 
requirements of 40 CFR 122.22. A complete description of these 
signatory requirements is provided in the instructions accompanying the 
NOI (see Appendix A).
    4. Additional Notification. In addition to submitting the NOI to 
EPA, facilities operating under approved State or local sediment and 
erosion plans, grading plans, or storm water management plans are 
required to submit signed copies of the NOI to the State or local 
agency approving such plans by the deadlines stated above. Failure to 
do so constitutes a violation of the permit.
B. Special Conditions
    1. Prohibition on Non-Storm Water Discharges. Today's draft permit 
do not authorize non-storm water discharges that are mixed with storm 
water except for specific classes of non-storm water discharges 
specified in the permits. Non-storm water discharges that can be 
authorized under today's draft permit include discharges from 
firefighting activities; fire hydrant flushings; waters used to wash 
vehicles or control dust in accordance with permit requirements; 
potable water sources including waterline flushings; irrigation 
drainage; routine external building washdown that 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.<SUP>18
---------------------------------------------------------------------------

    \18\ These discharges are consistent with the allowable classes 
of non-storm water discharges to municipal separate storm sewer 
systems (40 CFR 122.26(d)(iv)(D)).
---------------------------------------------------------------------------

    To be authorized under the final issued permit, sources of non-
storm water (except flows from firefighting activities) must be 
specifically identified in the storm water pollution prevention plan 
prepared for the facility. (Plan requirements are discussed in more 
detail below). Where such discharges occur, the plan must also identify 
and ensure the implementation of appropriate pollution prevention 
measures for the non-storm water components of the discharge. For 
example, to reduce pollutants in irrigation drainage, a plan could 
identify low maintenance lawn areas that do not require the use of 
fertilizers or biocides; for higher maintenance lawn areas, a plan 
could identify measures such as limiting fertilizer use based on 
seasonal and agronomic considerations, decreasing biocide use with an 
integrated pest management program, introducing natural vegetation or 
more hearty species, and reducing water use (thereby reducing the 
volume of irrigation drainage).
    This permit will not require pollution prevention measures to be 
identified and implemented for non-storm water flows from firefighting 
activities since these flows will usually occur as unplanned emergency 
situations where it is necessary to take immediate action to protect 
the public.
    The general prohibition on non-storm water discharges in today's 
draft permit ensures that non-storm water discharges (except for those 
classes of non-storm water discharges that are conditionally 
authorized) are not inadvertently authorized by these permits. Where a 
storm water discharge is mixed with process wastewaters or other 
sources of non-storm water prior to discharge, and the discharge is 
currently not authorized by an NPDES permit, the discharge cannot be 
covered by today's permits and the discharger should (1) submit the 
appropriate application forms (Forms 1 and 2C) to obtain permit 
coverage or (2) discontinue the discharge.
    2. Releases of Reportable Quantities of Hazardous Substances and 
Oil. Today's draft permit provides that the discharge of hazardous 
substances or oil from a facility must be eliminated or minimized in 
accordance with the storm water pollution plan developed for the 
facility. Where a permitted storm water discharge contains a hazardous 
substance or oil in an amount equal to or in excess of a reporting 
quantity established under 40 CFR 110, 40 CFR 117, or 40 CFR 302, 
during a 24-hour period, today's permits require the following actions:

    <bullet> The permittee must notify the National Response Center 
(NRC) (800-424-8802; in the Washington, D.C. metropolitan area 202-
426-2675) in accordance with the requirements of 40 CFR 110, 40 CFR 
117, and 40 CFR 302, as soon as they have knowledge of the 
discharge;
    <bullet> The permittee must modify the storm water pollution 
prevention plan for the facility within 14 calendar days of 
knowledge of the release to provide (1) A description of the 
release, (2) the date of the release, and (3) the circumstances 
leading to the release. In addition, the permittee must modify the 
plan, as appropriate, to identify measures to prevent the 
reoccurrence of such releases and to respond to such releases.
    <bullet> Within 14 calendar days of the knowledge of the 
release, the permittee must submit to EPA (1) A written description 
of the release (including the type and estimated amount of material 
released), (2) the date that such release occurred, (3) the 
circumstances leading to the release, and (4) any steps to be taken 
to modify the storm water pollution prevention plan for the 
facility.

    Where a discharge of a hazardous substance or oil in excess of 
reporting quantities is caused by a non-storm water discharge (e.g., a 
spill of oil into a separate storm sewer), the spill is not authorized 
by this permit. The discharger must report the spill as required under 
40 CFR 110. In the event of a spill, the requirements of Section 311 of 
the CWA and otherwise applicable provisions of Sections 301 and 402 of 
the CWA continue to apply.

[[Page 18622]]

    This approach is consistent with the requirements for reporting 
releases of hazardous substances and oil-requirements that make a clear 
distinction between hazardous substances typically found in storm water 
discharges and those associated with spills that are not considered 
part of a normal storm water discharge (see 40 CFR 117.12(d)(2)(i)).
C. Unpaved Rural Roads
    Part IV of the permit and its conditions are intended to eliminate, 
prevent or minimize the discharge of pollutants to waters of the U.S. 
from the construction of unpaved roads. EPA believes that the discharge 
of storm water runoff from the construction of unpaved roads could be a 
significant source of pollutants to waters of the United States. 
Therefore, the discharge of storm water from the construction of 
unpaved roads greater than five (5) acres is not exempt from the 
requirements of 40 CFR Sec. 122.26(a)(1)(ii) and (b)(14)(x) under the 
Intermodal Surface Transportation Efficiency Act of 1991. This action 
is in accordance with Sec. 402(p)(2)(E) of the Clean Water Act (1987, 
as amended). If five (5) acres equals 217,800 ft<SUP>2 and area equals 
length times width, then the approximate length of road equal to five 
(5) acres would be 217,800 ft<SUP>2 divided by the road width. For 
example, assuming a road construction area width of 25 feet, five (5) 
acres of road would be approximately 1.65 miles.
    The principle component of the Part IV requirements is the 
construction of drainage systems, water turn-outs, in accordance with 
the document, Silviculture Best Management Practices, 1993 Florida 
Department of Agriculture & Consumer Services, to reduce the volume and 
velocity of roadside ditch flow. The construction of the drainage 
systems in conjunction with the final cover conditions of the road 
constitute final stabilization under Part IX.A. of the permit. In 
addition, the turn-outs should be maintained to continue eliminating, 
preventing and/or minimizing the discharge of pollutants to waters of 
the U.S. All relevant portions of the pollution prevention plan 
requirements of Part V of the permit shall be applied to discharges of 
storm water from unpaved roads.
D. Storm Water Pollution Prevention Plan Requirements
    The pollution prevention plans required by today's draft permit 
focuses on two major tasks: (1) Providing a site description that 
identifies sources of pollution to storm water discharges associated 
with industrial activity from the facility and (2) identifying and 
implementing appropriate measures to reduce pollutants in storm water 
discharges to ensure compliance with the terms and conditions of these 
permits.
    In developing these permits, the Agency reviewed a significant 
number of existing State and local sediment and erosion control and 
storm water management requirements. State and local data were reviewed 
for a wide range of climates and varying types of construction 
activities.
1. Contents of the Plan
    Storm water pollution prevention plans must include a site 
description; a description of controls that will be used at the site 
(e.g., erosion and sediment controls, storm water management measures); 
a description of maintenance and inspection procedures; and a 
description of pollution prevention measures for any non-storm water 
discharges that exist.
    a. Site Description. Storm water pollution prevention plans must be 
based on an accurate understanding of the pollution potential of the 
site. The first part of the plan requires an evaluation of the sources 
of pollution at a specific construction site. The plan must identify 
potential sources of pollution that may reasonably be expected to 
affect the quality of storm water discharges from the construction 
site. In addition, the source identification components for pollution 
prevention plans must provide a description of the site and the 
construction activities. This information is intended to provide a 
better understanding of site runoff and major pollutant sources. At a 
minimum, plans must include the following:

    <bullet> A description of the nature of the construction 
activity. This would typically include a description of the ultimate 
use of the project (e.g., low-density residential, shopping mall, 
highway).
    <bullet> A description of the intended sequence of major 
activities that disturb soils for major portions of the site (e.g., 
grubbing, excavation, grading).
    <bullet> 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. Where the construction activity is to 
be staged, it may be appropriate to describe areas of the site that 
will be disturbed at different stages of the construction process.
    <bullet> Estimates of the runoff coefficient of the site after 
construction activities are completed as well as existing data 
describing the quality of any discharge from the site or the soil. 
The runoff coefficient is defined as the fraction of total rainfall 
that will appear at the conveyance as runoff. Runoff coefficients 
can be estimated from site plan maps, which provide estimates of the 
area of impervious structures planned for the site and estimates of 
areas where vegetation will be precluded or incorporated. Runoff 
coefficients are one tool for evaluating the volume of runoff that 
will occur from a site when construction is completed. These 
coefficients assist in evaluating pollutant loadings, potential 
hydraulic impacts to receiving waters, and flooding impacts. They 
are also used for sizing of post-construction storm water management 
measures.
    <bullet> A site map indicating drainage patterns and approximate 
slopes anticipated after major grading activities, areas of soil 
disturbance; an outline of areas that will 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; the location of surface waters (including 
wetlands); and locations where storm water is discharged to a 
surface water. Site maps should also include other major features 
and potential pollutant sources, such as the location of impervious 
structures and the location of soil piles during the construction 
process.
    <bullet> The name of the receiving water(s), and areal extent of 
wetland acreage at the site.

    b. Controls to Reduce Pollutants. The storm water pollution 
prevention plan must describe and ensure the implementation of 
practices that will be used to reduce the pollutants in storm water 
discharges from the site and assure compliance with the terms and 
conditions of the permit. Permittees are required to develop a 
description of four classes of controls appropriate for inclusion in 
the facility's plan, and implement controls identified in the plan in 
accordance with the plan. The description of controls must address (1) 
Erosion and sediment controls, (2) storm water management, (3) a 
specified set of other controls, and (4) any applicable procedures and 
requirements of State and local sediment and erosion plans or storm 
water management plans.
    The pollution prevention plan must clearly describe the intended 
sequence of major activities and when, in relation to the construction 
process, the control will be implemented. Good site planning and 
preservation of mature vegetation are primary control techniques for 
controlling sediment in storm water discharges during construction 
activities as well as for developing a strategy for storm water 
management that controls pollutants in storm water discharges after the 
completion of construction activities. Properly staging major earth 
disturbing activities can also dramatically decrease the costs of 
sediment and erosion controls. The description of the intended sequence 
of major activities will typically describe the intended staging of 
activities on different parts of the site.

[[Page 18623]]

    Permittees must develop and implement four classes of controls in 
the pollution prevention plan, each of which is discussed below.
    i. Erosion and Sediment Controls. The requirements for erosion and 
sediment controls for construction activities in this permit have three 
goals: (1) to divert upslope water around disturbed areas of the site; 
(2) to limit the exposure of disturbed areas to the shortest duration 
possible; and (3) to remove sediment from storm water before it leaves 
the site. Erosion and sediment controls include both stabilization 
practices and structural practices.
Performance Standards
    The erosion and sediment control practices must at a minimum:
    (a) remove 80% of the Settleable Solids (SS) in storm water 
discharges from the site to Class III waters;
    (b) remove 95% of the SS in storm water discharges from the site to 
sensitive waters such as potable water sources (class I waters), 
shellfish harvesting waters (Class II waters) and outstanding Florida 
waters.
    The performance standards, as listed in Part V of the permit, are 
based on the Florida Water Policy established in the document, Florida 
Section 6217 Informal Threshold Review, September 14, 1994. These 
performance standards are intended to preserve the beneficial use of 
waters and to establish a relationship between the SWPPP requirements 
and Florida's Water Quality Standards.
    Stabilization Practices. Pollution prevention plans must include a 
description of interim and permanent stabilization practices, including 
site-specific scheduling of the implementation of the practices. The 
plans should ensure that existing vegetation is preserved where 
attainable and that disturbed portions of the site are stabilized as 
quickly as possible. Stabilization practices are the first line of 
defense for preventing erosion; they include temporary seeding, 
permanent seeding, mulching, geotextiles, sod stabilization, vegetative 
buffer strips, protection of trees, preservation of mature vegetative 
buffer strips, and other appropriate measures. Temporary stabilization 
practices are often cited as the single most important factor in 
reducing erosion at construction sites.<SUP>19
---------------------------------------------------------------------------

    \19\ ``New York Guidelines for Urban Erosion and Sediment 
Control'', USDA, Soil Conservation Service, March 1988.
---------------------------------------------------------------------------

    Stabilization also involves preserving and protecting selected 
trees that were on the site prior to development. Mature trees have 
extensive canopy and root systems, which help to hold soil in place. 
Shade trees also keep soil from drying rapidly and becoming susceptible 
to erosion. Measures taken to protect trees can vary significantly, 
from simple measures such as installing tree fencing around the drip 
line and installing tree armoring, to more complex measures such as 
building retaining walls and tree wells.
    Since stabilization practices play such an important role in 
preventing erosion, it is critical that they are rapidly employed in 
appropriate areas. These permits provide that, except in three 
situations, stabilization measures be initiated on disturbed areas as 
soon as practicable, but no more than 14 days after construction 
activity on a particular portion of the site has temporarily or 
permanently ceased. The three exceptions to this requirement are the 
following:
    <bullet> Where construction activities will resume on a portion of 
the site within 21 days from when the construction activities ceased.
    <bullet> Where the initiation of stabilization measures is 
precluded by snow cover, in which case, stabilization measures must be 
initiated as soon as practicable.
    <bullet> In arid areas (areas with an average annual rainfall of 0 
to 10 inches) and semi-arid area (areas with an average annual rainfall 
of 10 to 20 inches), where the initiation of stabilization measures is 
precluded by seasonal arid conditions, in which case, stabilization 
measures must be initiated as soon as practicable.
    Structural Practices. The pollution prevention plan must include a 
description of structural practices to the degree economically 
attainable, to divert flows from exposed soils, store flows, or 
otherwise limit runoff and the discharge of pollutants from exposed 
areas of the site. Structural controls are necessary because vegetative 
controls cannot be employed at areas of the site that are continually 
disturbed and because a finite time period is required before 
vegetative practices are fully effective. Options for such controls 
include silt fences, earth dikes, drainage swales, check dams, 
subsurface drains, pipe slope drains, level spreaders, storm drain 
inlet protection, rock outlet protection, sediment traps, rock outlet 
protection, reinforced soil retaining systems, gabions, and temporary 
or permanent sediment basins. Structural measures should be placed on 
upland soils to the degree possible.
    For sites with more than 10 disturbed acres at one time that are 
served by a common drainage location, a temporary or permanent sediment 
basin providing 3,600 cubic feet of storage per acre drained, or 
equivalent control measures (such as suitably sized dry wells or 
infiltration structures), must be provided where economically 
attainable until final stabilization of the site has been accomplished. 
Flows from offsite areas and flows from onsite areas that are either 
undisturbed or have undergone final stabilization may be diverted 
around both the sediment basin and the disturbed area. The requirement 
to provide 3,600 cubic feet of storage area per acre drained does not 
apply to such diverted flows.
    For the drainage locations which serve more than 10 disturbed acres 
at one time and where a sediment basin providing storage or equivalent 
controls for 3,600 cubic feet per acre drained is not economically 
attainable, smaller sediment basins 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. 
Diversion structures should be used on upland boundaries of disturbed 
areas to prevent runon from entering disturbed areas.
    For drainage locations serving 10 or less acres, smaller sediment 
basins or sediment traps should be used and at a minimum, silt fences, 
or equivalent sediment controls are required for all sideslope and 
downslope boundaries of the construction area. Alternatively, the 
permittee may provide a sediment basin providing storage for 3,600 
cubic feet of storage per acre drained. Diversion structures should be 
used on upland boundaries of disturbed areas to prevent runon from 
entering disturbed areas.
    ii. Storm Water Management. The plan must include a description of 
``storm water management'' measures <SUP>20. These permits address only 
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 responsible only 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 construction 
activities have been eliminated from the site.
---------------------------------------------------------------------------

    \20\ For the purpose of the special requirements for 
construction activities, the term ``storm water management'' 
measures refers to controls that will primarily reduce the discharge 
of pollutants in storm water from sites after completion of 
construction activities.
---------------------------------------------------------------------------

    Land development can significantly increase storm water discharge 
volumes and peak velocities where appropriate

[[Page 18624]]

storm water management measures are not implemented. In addition, storm 
water discharges will typically contain higher levels of pollutants, 
including total suspended solids (TSS), heavy metals, nutrients, and 
oxygen demanding constituents <SUP>21.
---------------------------------------------------------------------------

    \21\ See ``Nationwide Urban Runoff Program'', EPA, 1984.
---------------------------------------------------------------------------

    Storm water management measures that are installed during the 
construction process can control the volume of storm water discharged 
and peak discharge velocities, as well as reduce the amount of 
pollutants discharged after the construction operations have been 
completed. Reductions in peak discharge velocities and volumes can also 
reduce pollutant loads, as well as reduce physical impacts such as 
stream bank erosion and stream bed scour. Storm water management 
measures that mitigate changes to predevelopment runoff characteristics 
assist in protecting and maintaining the physical and biological 
characteristics of receiving streams and wetlands.
    Structural measures should be placed on upland soils to the degree 
attainable. The installation of such devices may be subject to Section 
404 of the CWA if the devices are placed in wetlands (or other waters 
of the United States).
    Options for storm water management measures that are to be 
evaluated in the development of plans include infiltration of runoff on 
site; flow attenuation by use of open vegetated swales and natural 
depressions; storm water retention structures and storm water detention 
structures (including wet ponds); and sequential systems that combine 
several practices.
    The pollution prevention plan must include an explanation of the 
technical basis used to select the practices to control pollution where 
flows exceed predevelopment levels. The explanation of the technical 
basis for selecting practices should address how a number of factors 
were evaluated, including the pollutant removal efficiencies of the 
measures, the costs of the measure, site specific factors that will 
affect the application of the measures, the economic achievability of 
the measure at a particular site, and other relevant factors.
    EPA anticipates that storm water management measures at many sites 
will be able to provide for the removal of at least 80 percent of total 
suspended solids (TSS) <SUP>22. A number of storm water management 
measures can be used to achieve this level of control, including 
properly designed and installed wet ponds, infiltration trenches, 
infiltration basins, sand filter system, manmade storm water wetlands, 
and multiple pond systems. The pollutant removal efficiencies of 
various storm water management measures can be estimated from a number 
of sources, including ``Storm Water Management for Construction 
Activities: Developing Pollution Prevention Plans and Best Management 
Practices,'' U.S. EPA, 1992, and ``A Current Assessment of Urban Best 
Management Practice,'' prepared for U.S. EPA by Metropolitan Washington 
Council of Governments, March 1992. Proper selection of a technology 
depends on site factors and other conditions.
---------------------------------------------------------------------------

    \22\ TSS can be used as an indicator parameter to characterize 
the control of other pollutants, including heavy metals, oxygen 
demanding pollutants, and nutrients, commonly found in storm water 
discharges.
---------------------------------------------------------------------------

    In selecting storm water management measures, the permittee should 
consider the impacts of each method on other water resources, such as 
ground water. Although storm water pollution prevention plans primarily 
focus on storm water management, EPA encourages facilities to avoid 
creating ground water pollution problems. For example, if the water 
table is unusually high in an area or soils are especially sandy and 
porous, an infiltration pond may contaminate a ground water source 
unless special preventive measures are taken. Under EPA's July 1991 
Ground Water Protection Strategy, States are encouraged to develop 
Comprehensive State Ground Water Protection Programs (CSGWPPs). Efforts 
to control storm water should be compatible with State ground water 
objectives as reflected in CSGWPPs.
    The evaluation of whether the pollutant loadings and the hydrologic 
conditions (the volume of discharge) of flows exceed predevelopment 
levels can be based on hydrologic models which consider conditions such 
as the natural vegetation which is typical for the area.
    Increased discharge velocities can greatly accelerate erosion near 
the outlet of onsite structural measures. To mitigate these effects, 
these permits require that velocity dissipation devices be placed at 
discharge locations and along the length of any outfall channel as 
necessary to provide a non-erosive velocity flow from the structure to 
a water course. Velocity dissipation devices maintain and protect the 
natural physical and biological characteristics and functions of the 
watercourse, e.g., hydrologic conditions, such as the hydroperiod and 
hydrodynamics, that were present prior to the initiation of 
construction activities.
    iii. Other Controls. Other controls to be addressed in storm water 
pollution prevention plans for construction activities require that no 
non-storm water solid materials, including building material wastes, 
shall be discharged at the site, except as authorized by a Section 404 
permit.
    These final permits require that offsite vehicle tracking of 
sediments and the generation of dust be minimized. This can be 
accomplished by measures such as providing gravel or paving at access 
entrance and exit drives, parking areas, and unpaved roads on the site 
carrying significant amounts of traffic (e.g., more than 25 vehicles 
per day); providing entrance wash racks or stations for trucks; and/or 
providing street sweeping.
    In addition, these permits require that the plan shall ensure and 
demonstrate compliance with applicable State and/or local sanitary 
sewer, septic system, and waste disposal regulations.<SUP>23
---------------------------------------------------------------------------

    \23\ In rural and suburban areas that are served by septic 
systems, malfunctioning septic systems can contribute pollutants to 
storm water discharges. Malfunctioning septic tanks may be a more 
significant surface runoff pollution problem than a ground water 
problem. This is because a malfunctioning septic system is less 
likely to cause ground water contamination where a bacterial mat in 
the soil retards the downward movement of wastewater. Surface 
malfunctions are caused by clogged or impermeable soils, or when 
stopped up or collapsed pipes force untreated wastewater to the 
surface. Surface malfunctions can vary in degree from occasional 
damp patches on the surface to constant pooling or runoff of 
wastewater. These discharges have high bacteria, nitrate, and 
nutrient levels and can contain a variety of household chemicals. 
This permit does not establish new criteria for septic systems, but 
rather addresses existing State or local criteria.
---------------------------------------------------------------------------

    iv. State and Local Controls. Many municipalities and States have 
developed sediment and erosion control requirements for construction 
activities. A significant number of municipalities and States have also 
developed storm water management controls. These general permits 
require that storm water pollution prevention plans for facilities that 
discharge storm water associated with industrial activity from 
construction activities include procedures and requirements of State 
and local sediment and erosion control plans or storm water management 
plans. Permittees are required to provide a certification that their 
storm water pollution prevention plan reflects requirements related to 
protecting water resources that are specified in State or local 
sediment and erosion plans or storm water management plans.\24\In

[[Page 18625]]

addition, permittees are required to amend their storm water pollution 
prevention plans to reflect any change in a sediment and erosion site 
plan or site permit or storm water management site plan or site permit 
approved by State or local officials for which the permittee receives 
written notice. Where such amendments are made, the permittee must 
provide a recertification that the storm water pollution prevention 
plan has been modified. This provision does not apply to provisions of 
master plans, comprehensive plans, nonenforceable guidelines, or 
technical guidance documents, but rather to site-specific State or 
local permits or plans.
---------------------------------------------------------------------------

    \24\ Operators of storm water discharges from construction 
activities which, based on an evaluation of site specific 
conditions, believe that State and local plans do not adequately 
represent BAT and BCT requirements for the facility may request to 
be excluded from the coverage of the general permit by submitting to 
the Director an individual application with a detailed explanation 
of the reasons supporting the request, including any supporting 
documentation showing that certain permit conditions are not 
appropriate.
---------------------------------------------------------------------------

c. Maintenance
    Erosion and sediment controls can become ineffective if they are 
damaged or not properly maintained. Maintenance of controls has been 
identified as a major part of effective erosion and sediment programs. 
Plans must contain a description of prompt and timely maintenance and 
repair procedures addressing all erosion and sediment control measures 
(e.g., sediment basins, traps, silt fences), vegetation, and other 
measures identified in the site plan to ensure that such measures are 
kept in good and effective operating condition.
d. Inspections
    Procedures in a plan must provide that specified areas on the site 
are inspected by qualified personnel provided by the discharger a 
minimum of once every seven calendar days and within 24 hours after any 
storm event of greater than 0.5 inches. Areas of the site that must be 
observed during such inspections include disturbed areas, areas used 
for storage of materials that are exposed to precipitation, structural 
control measures, and locations where vehicles enter or exit the site. 
Where sites have been temporarily or finally stabilized, or during 
seasonal arid periods in arid areas (areas with an average annual 
rainfall of 0 to 10 inches) and semi-arid areas (with an average annual 
rainfall of 10 to 20 inches) the inspection must be conducted at least 
once every month.
    Disturbed areas and areas used for storage of materials that are 
exposed to precipitation must be inspected for evidence of, or the 
potential for, pollutants entering the runoff from the site. Erosion 
and sediment control measures identified in the plan must be observed 
to ensure that they are operating correctly. Observations can be made 
during wet or dry weather conditions. Where discharge locations or 
points are accessible, they must be inspected to ascertain whether 
erosion control measures are effective in preventing significant 
impacts to receiving waters. This can be done by inspecting receiving 
waters to see whether any signs of erosion or sediment are associated 
with the discharge location. Locations where vehicles enter or exit the 
site must be inspected for evidence of offsite sediment tracking.
    Based on the results of the inspection, the site description and 
the pollution prevention measures identified in the plan must be 
revised as soon as possible after an inspection that reveals 
inadequacies. The inspection and plan review process must provide for 
timely implementation of any changes to the plan within 7 calendar days 
following the inspection.
    An inspection report that summarizes the scope of the inspection, 
name(s) and qualifications of personnel conducting the inspection, the 
dates of the inspection, major observations relating to the 
implementation of the storm water pollution prevention plan, and 
actions taken must be retained as part of the storm water pollution 
prevention plan for at least three years after the date of inspection. 
The report must be signed in accordance with the signatory requirements 
in the Standard Conditions section of this draft permit.
    Diligent inspections are necessary to ensure adequate 
implementation of onsite sediment and erosion controls, particularly in 
the later stages of construction when the volume of runoff is greatest 
and the storage capacity of the sediment basins has been 
reduced.<SUP>25
---------------------------------------------------------------------------

    \25\ ``Performance of Current Sediment Control Measures at 
Maryland Construction Sites'', January 1990, Metropolitan Washington 
Council of Governments.
---------------------------------------------------------------------------

e. Non-Storm Water Discharges
    The final issued permit may authorize storm water discharges from 
construction activities that are mixed with discharges from 
firefighting activities, fire hydrant flushings, waters used to wash 
vehicles or control dust in accordance with efforts to minimize offsite 
sediment tracking, potable water sources including waterline flushings, 
irrigation drainage from watering vegetation, routine exterior building 
washdown that 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, provided the non-storm water component of the discharge is 
specifically identified in the pollution prevention plan. In addition, 
the plan must identify and ensure the implementation of appropriate 
pollution prevention measures for each of the non-storm water 
component(s) of the discharge.\26\
---------------------------------------------------------------------------

    \26\ This is consistent with the allowable types of non-storm 
water discharges to municipal separate storm sewer systems (40 CFR 
122.26(d)(2)(iv)(A)).
---------------------------------------------------------------------------

    EPA believes that where these classes of non-storm water discharges 
are identified in a pollution prevention plan and where appropriate 
pollution prevention measures are evaluated, identified, and 
implemented, they generally pose low risks to the environment. The 
Agency also notes that it can request individual permit applications 
for such discharges where appropriate. The Agency is not requiring that 
flows from fire-fighting activities be identified in plans because of 
the emergency nature of such discharges coupled with their low 
probability and the unpredictability of their occurrence.
2. Deadlines for Plan Preparation and Compliance
    The final issued permit will establish the following deadlines for 
storm water pollution prevention plan development and compliance:
    <bullet> The plan must be completed prior to the submittal of an 
NOI to be covered under this permit and updated as appropriate.
    <bullet> For construction activities that have begun on or before 
October 1, 1997, except the plan shall provide for compliance with the 
terms and schedule of the plan beginning on October 1, 1997.
    <bullet> For construction activities that have begun after October 
1, 1997, the plan must provide for compliance with the terms and 
schedule of the plan beginning with the initiation of construction 
activities.
3. Signature and Plan Review
    Signature and plan review requirements are as follows:
    <bullet> The plan must be signed by all permittees for a site in 
accordance with the signatory requirements in the Standard Permit 
Conditions section of the permit, and must be retained on site at the 
facility that generates the storm water discharge.
    <bullet> The permittee must make plans available, upon request, to 
EPA, and

[[Page 18626]]

State or local agency approved sediment and erosion plans, grading 
plans, or storm water management plans. In the case of a storm water 
discharge associated with industrial activity that discharges through a 
municipal separate storm sewer system with an NPDES permit, permittees 
must make plans available to the municipal operator of the system upon 
request.
    <bullet> EPA may notify the permittee at any time that the plan 
does not meet one or more of the minimum requirements. Within 7 days of 
such notification from EPA (or as otherwise requested by EPA), the 
permittee must make the required changes to the plan and submit to EPA 
a written certification that the requested changes have been made.
4. Keeping Plans Current
    The permittee must amend the plan whenever there is a change in 
design, construction, operation, or maintenance, that has a significant 
effect on the potential for the discharge of pollutants to waters of 
the United States or to municipal separate storm sewer systems. The 
plan must also be amended if it proves to be ineffective in eliminating 
or significantly minimizing pollutants in the storm water discharges 
from the 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. Amendments to 
the plan will be reviewed by EPA as described above.
5. Additional Requirements
    These permits authorize a storm water discharge associated with 
industrial activity from a construction site that is mixed with a storm 
water discharge from an industrial source other than construction, only 
under the following conditions:
    <bullet> The industrial source other than construction is located 
on the same site as the construction activity; and
    <bullet> Storm water discharges from where the construction 
activities are occurring are in compliance with the terms of this 
permit.
6. Contractors
    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 presented below before conducting any 
professional service at the site identified in the 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.''

    All certifications must be included in the storm water pollution 
prevention plan.
E. Retention of Records
    The permittee is required to retain records or copies of all 
reports required by this permit, including storm water pollution 
prevention plans and records of all data used to complete the NOI to be 
covered by the permit, for a period of at least three years from the 
date of final stabilization. This period may be extended by request of 
the Director.
F. Notice of Termination
    A discharger may submit a Notice of Termination (NOT) to EPA in two 
sets of circumstances: 1) after a site has undergone final 
stabilization and the facility no longer discharges storm water 
associated with industrial activity from a construction site and 2) 
when the permittee has transferred operational control to another 
permittee and is no longer an operator for the site. NOTs must be 
submitted using the form provided by the Director (or a photocopy 
thereof). A copy of the NOT form is in Appendix B and can be 
photocopied for use. NOTs will assist EPA in tracking the status of the 
discharger.
    Today's draft permit defines final stabilization for the purpose of 
submitting an NOT as occurring when all soil disturbing activities are 
completed and a uniform perennial vegetative cover with a density of 70 
percent for the unpaved areas and areas not covered by permanent 
structures has been established or equivalent stabilization measures 
have been employed. Equivalent stabilization measures include permanent 
measures other than establishing vegetation, such as the use of rip-
rap, gabions, and/or geotextiles.
    A copy of the NOT, and instructions for completing the NOT, are 
provided in Appendix B of today's notice. The NOT form requires the 
following information:
    <bullet> The mailing address 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.
    <bullet> The site owner's name, address, and telephone number.
    <bullet> The name, address, and telephone number of the operator 
addressed by the NOT, and operator status as a Federal, State, private, 
public, or other entity.
    <bullet> The NPDES permit for the storm water discharge identified 
by the NOT.
    <bullet> The following certification:

    ``I certify under penalty of law that 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 an NPDES general permit have been eliminated 
or that I am no longer the operator of the construction activity. I 
understand that by submitting this notice of termination, that I am 
no longer authorized to discharge storm water 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.''

    Notices of Termination are to be sent to the following address: 
Storm Water Notice of Intent (4203), 401 M Street, S.W., Washington, DC 
20460.
    The NOT must be signed by the appropriate individual in accordance 
with the signatory requirements of 40 CFR 122.22. A description of 
these signatory requirements is provided in the instructions 
accompanying the NOT (see Appendix B).
    Submittal of a NOT, by itself, does not relieve permittees from the 
obligations of the permit, such as the requirement to stabilize the 
site. Appropriate enforcement actions may still be taken for permit 
violations where a permittee submits a NOT but the permittee has not 
transferred operational control to another permittee or the site has 
not undergone final stabilization.
G. Regional Offices
    Notices of Intent to be authorized to discharge under these permits 
should be sent to: Storm Water Notice of Intent (4203), 401 M Street, 
S.W., Washington, DC 20460
    Other submittals of information required under these permits or 
individual permit applications should be sent to the appropriate EPA 
Regional Office: AL (Indian lands), FL, GA (Indian lands), KY (Indian 
lands), MS (Indian lands), NC (Indian lands), SC (Indian lands), TN 
(Indian lands), United States EPA, Region IV, Water Management 
Division, (SWPFB-15), Storm Water Staff, 100 Alabama Street,

[[Page 18627]]

S.W., Atlanta, GA 30303-3104, Contact: Floyd Wellborn, (404) 562-9296.
H. Special Conditions in Specified States
    Section 401 of the CWA provides that no Federal license or permit, 
including NPDES permits, to conduct any activity that may result in any 
discharge into navigable waters shall be granted until the State in 
which the discharge originates certifies that the discharge will comply 
with the applicable provisions of Sections 301, 302, 303, 306, and 307 
of the CWA.

V. Cost Estimates

    The two major costs associated with pollution prevention plans for 
construction activities include the costs of sediment and erosion 
controls (see Table 1) and the costs of storm water management measures 
(see Table 2). Today's permits provide flexibility in developing 
controls for construction activities. Typically, most construction 
sites will employ several types of sediment and erosion controls and 
storm water management controls, but not all the controls listed in 
Tables 1 and 2. In general, sites that disturb a large area will incur 
higher pollution prevention costs.

              Table 1.--Sediment and Erosion Control Costs              
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Temporary seeding.........................  $1.00 per square foot.      
Permanent seeding.........................  $1.00 per square foot.      
Mulching..................................  $1.25 per square foot.      
Sod stabilization.........................  $4.00 per square foot.      
Vegetative buffer strips..................  $1.00 per square foot.      
Protection of trees.......................  $30.00 to $200.00 per tree  
                                             set.                       
Earth dikes...............................  $5.50 per linear foot.      
Silt fences...............................  $6.00 per linear foot.      
Drainage swales-grass.....................  $3.00 per square yard.      
Drainage swales-sod.......................  $4.00 per square yard.      
Drainage swales-asphalt...................  $35.00 per square yard.     
Drainage swales-concrete..................  $65.00 per square yard.     
Check dams-rock...........................  $100 per dam.               
Check dams-covered straw bales............  $50 per dam.                
Level spreader-earthen....................  $4.00 per square yard.      
Level spreader-concrete...................  $65.00 per square yard.     
Subsurface drain..........................  $2.25 per linear foot.      
Pipe slope drain..........................  $5.00 per linear foot.      
Temporary storm drain diversion...........  variable.                   
Storm drain inlet protection..............  $300 per inlet.             
Rock outlet protection....................  $45 per square yard.        
Sediment traps............................  $500 to $7,000 per trap.    
Temporary sediment basins.................  $5,000 to $50,000 per basin.
Sump pit..................................  $500 to $7,000.             
Entrance stabilization....................  $1,500 to $5,000 per        
                                             entrance.                  
Entrance wash rack........................  $2,000 per rack.            
Temporary waterway crossing...............  $500 to $1,500.             
Wind breaks...............................  $2.50 per linear foot.      
------------------------------------------------------------------------
Practices such as sod stabilization and tree protection increase        
  property values and satisfy consumer aesthetic needs.                 
Sources: ``Means Site Work Cost Data'', 9th edition, 1990, R.S. Means   
  Company. ``Sediment and Erosion Control, An Inventory of Current      
  Practices'', prepared by Kamber Engineering for U.S. EPA, April 1990. 


   Table 2.--Annualized Costs of Several Storm Water Management Options 
                         for Construction Sites                         
------------------------------------------------------------------------
                                            Annualized      Annualized  
                                            cost for 9-    cost for 20- 
                 Option                   acre developed  acre developed
                                               area            area     
------------------------------------------------------------------------
Wet Ponds...............................          $5,872         $9,820.
Dry Ponds...............................           3,240          5,907.
Dry Ponds with Extended Detention.......           3,110           5,413
Infiltration Trenches...................           4,134          6,359.
------------------------------------------------------------------------

    Estimates based on methodology presented in ``Cost of Urban Runoff 
Quality Controls'', Wiegand, C., Schueler, T., Chittenden, W., and 
Jellick, D., Urban Runoff Quality-Impact and Quality Enhancement 
Technology, Proceedings of an Engineering Foundation Conference, ASCE, 
1986, edited by B. Urbonas and L.A. Roesner.
    Costs are presented in 1992 dollars and were reviewed by the Office 
of Management and Budget during the previous issuance of this permit, 
September 25, 1992. Annualized costs are based on a 10 year period and 
10 percent discount rate. Estimates include a contingency cost of 25 
percent of the construction cost and operation and maintenance costs of 
5 percent of the construction cost. Land costs are not included.

VI. Economic Impact (Executive Order 12291)

    EPA has submitted this notice to the Office of Management and 
Budget for review under Executive Order 12291.

VII. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
in these final general permits 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 permits because the 
information collection requirements in these permits 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 draft permit provides small entities with an application 
option that is less burdensome than individual applications or 
participating in a group application. 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 permits reduce significant administrative burdens on 
regulated sources. Accordingly, I hereby certify pursuant to the 
provisions of the Regulatory Flexibility Act, that these permits will 
not have a significant impact on a substantial number of small 
entities.

Appendix A

    Notice of Intent (NOI) Form (an NOI will not appear in today's 
proposed permit but will be included in the final issuance).

Appendix B

    Notice of Termination (NOT) Form (an NOT will not appear in 
today's proposed permit but will be included in the final issuance).

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:
    <bullet> Indicate in box provided on the NOI whether any species 
listed in this Addendum are in proximity to the facility, and
    <bullet> Certify pursuant to Section I.B.3.e. of the 
construction general permit that their storm

[[Page 18628]]

water discharges, and BMPs constructed to control storm water 
runoff, are not likely, and will not be likely to adversely affect 
species identified in Addendum H of this permit.
    To do this, please follow steps 1 through 4 below.

Step 1: Review the County Species List to Determine if any Species are 
Located in the Discharging Facility County

    If no species are listed in a facility's county 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, 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:
    <bullet> 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.
    <bullet> Located in the immediate vicinity of, or nearby, the 
point of discharge into receiving waters.
    <bullet> 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 proximity to their particular facility. These 
methods may include:
    <bullet> 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.
    <bullet> 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 regional offices in: Gloucester, Massachusetts; St. 
Petersburg, Florida; Long Beach, California; Portland, Oregon; and 
Juneau, Alaska.
    <bullet> Contacting local/regional conservation groups. These 
groups inventory species and their locations and maintain lists of 
sightings and habitats.
    <bullet> 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:
    <bullet> 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.
    <bullet> Habitat. Storm water may drain or inundate listed 
species habitat.
    <bullet> 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:
    <bullet> An earlier ESA section 7 consultation for that 
facility.
    <bullet> A section 10(a) permit issued for the facility.
    <bullet> An area-wide Habitat Conservation Plan applicable to 
that facility.
    <bullet> 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:
    <bullet> Entering into Section 7 consultation in order to obtain 
construction general permit coverage, or
    <bullet> Obtaining an individual NPDES storm water permit.

[FR Doc. 97-9695 Filed 4-15-97; 8:45 am]
BILLING CODE 6560-50-P