Section 2-Rules and Regulations Flashcards
Erosion
process in which, by the actions of wind or water, soil particles are detached and transported.
Sediment
Eroded material suspended in wind or water
Sedimentation
the deposition of eroded material
Splash Erosion
Raindrop impact energy is enough to dislodge surface sediments.
Sheet Erosion
caused by rain splash detaching soil particles lifting them up and removing them by shallow “sheets” of water flowing down the sloped soil surface.
Rill Erosion
As flow concentrates, small channels begin to form in the soil surface.
Gully Erosion
Gullies are formed when runoff cuts rills deeper and wider or when flows from several rills come together and form a large channel.
Channel Erosion
Channels may become unstable due to increased flows or changes in upstream sediment load
Natural Erosion
generally considered to be due to the influence of climatic forces on the surface of the earth.
Concern of accelerated Erosion
Accelerated erosion=natural erosion + human activities
9 Causes of accelerated erosion
- unrestricted development
- removal of surface cover
- increased imperviousness that increases runoff
- poor stewardship
- cause problems for down slope property owners
- create nuisance problems on adjacent streets
- clog streams and storm drains
- result in turbidity plumes in downstream water bodies
- cover sensitive habitat areas with sediment
4 Pollutant Export During Construction
- clearing and grading exposes soils
- eroded sediment and be transported
- also transports nutrients, pesticides, bacteria, organic matter, and toxic substances
- uncontrolled construction site sediment loads readily exceed hundreds of tons per acre per year
6 In-stream damages
- destruction of spawning areas, food sources, habitat
- direct toxicity to wildlife
- lake degradation
- filling of navigation channels
- impacts to commercial fisheries
- reduction of water storage capacities
Affects of Suspended Material
can affect light penetration, channel stability, fisheries and habitat.
4 Off-stream damages
- increased flood hazard
- increased water treatment costs
- decreased capacity in conveyance facilities
- higher infrastructure maintenance costs
Clean water act
was enacted with the intent of restoring and maintaining the chemical, physical and biological integrity of the waters of the United States.
Section 401
requires applicant that conducts any activity that may result in the discharge of any pollutant to obtain certification of those activities from the state in which the discharge originates. This is known as the Water Quality Certification for the project.
Section 402-
NPDES regulations
NPDES
permit to control discharges of pollutants from point sources
POTW
Publically owned treatment works
NURP (Nationwide Urban Runoff Program)-
program to identify the characteristics of storm water discharged through municipal, separate storm water systems (MS4s)-Study showed that runoff from residential, commercial and light industrial areas shows that storm water contained many of the same conventional and toxic pollutants regulated from process outfall and POTWs. Result-NPDES for all storm water discharges. Section 402(p)- were subject to immediate permitting.
Multi-sector general permit
29 industrial categories offers more tailored storm water management and monitoring requirements for covered industrial sectors, also added provisions to protect endangered species, historic preservation sites
Section 404 Dredge/fill permitting
regulates discharge of dredge and fill into waters of the US. Regulatory body is USCOE
Coastal Zone Act Reauthorization Amendments (CZARA)-
1990 requires a Coastal Nonpoint Pollution Control Program Management Plan to address nonpoint source pollution concerns for coastal zone areas
Storm water Discharges Defined
storm water runoff, snow melt runoff, and surface runoff and drainage. Any discernable, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discreet fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. Exclusions: irrigated agriculture or agricultural storm water runoff
Waters of the US defined
- all waters are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to ebb and flow of the tide;
- All interstate waters, including interstate “wetlands”;
- All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, “wetlands,” sloughs prairie potholes, wet meadows, playa lakes, or natural ponds for the use, degradation, or destruction of which would affect interstate or foreign commerce including any such waters:
a. That are or could be used by interstate or foreign travelers for recreational or other purposes;
b. From which fish or shellfish are or could be take and sold in interstate or foreign commerce; or
c. That are used or could be used for industrial purposes by industries in interstate commerce; - all impoundment of waters otherwise defined as waters of the US under this definition;
- tributaries of waters identified in paragraphs (a) through (d) of this definition;
- The territorial sea;
- “Wetlands” adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition.
Wetlands
sufficient to support prevalence of vegetation typically adapted for life in saturated soil conditions
Construction rainfall erosivity waiver
waiver from the requirements to operators of Phase II construction sites who can certify one of two conditions:
- Low prediction rainfall (i.e, activity occurs during a negligible rainfall period) where the rainfall erosivity factor (“R” in RUSLE) is less than 5 during the period of construction activity ; or
- A determination that storm water control are not necessary based on either (waivers are not available for construction activity disturbing five acres or greater):
a. Total maximum Daily Load (TMDL) approved or established by EPA that addresses the pollutant(s) of concern for construction activities; or
b. For non-impaired waters that do not require TMDLs, an equivalent analysis that determines allocations for small construction sites for pollutant(s) of concern or that determines that such allocations are not needed to protect water quality, based on consideration of existing in-stream concentrations, expected growth in pollutant contribution from all sources, and a margin of safety.
Stormwater Management Plan (SWMP)-
required for municipalities to obtain NPDES, implement BMPs, develop measurable goals, and evaluate program effectiveness. Reduce pollutants to the “maximum extent possible (MEP), protect water quality, and satisfy the water quality requirements of the Clean Water Act. Six minimum measurements are:
- public education and outreach
- public participation/involvement
- illicit discharge detection and elimination
- construction site runoff control
- post-construction runoff control
- pollution prevention/good housekeeping
Water quality standard
beneficial uses of surface waters, uses of water necessary for the survival or well being of man, plants and wildlife. Example include drinking, swimming, industrial and agricultural water supply, and the support of fresh and saline aquatic habitats.
Clean Water Act
requires water quality standards to protect the public health or welfare, enhance the quality of water. Must do the following:
- Include provisions for restoring and maintaining the chemical, physical, and biological integrity of state waters;
- whenever attainable, achieve a level of water quality that provides for the protection and propagation of fish, shellfish, and wildlife, and recreation in an on the water; and;
- Consider the use and value of state waters for public water supplies, propagation of fish and wildlife, recreation, agriculture and industrial purposes, and navigation.
This provides a framework to identify waters that are designated as an “outstanding” resource by the State
Total Maximum Daily Loads (TMDLs)
Section 303(d) of the CWA uses TMDL process to guide the application of state water quality standards. It defines the amount of particular pollutant that a water body can assimilate on a daily basis without violating applicable water quality standards.
A flexible assessment and planning framework for identifying load reductions/actions needed to attain water quality standards.
TMDLs have three steps
- Identify quality limited waters-States identify and prepare a list (303(d) list) of water bodies or water body segments that do not are not expected to meet water quality standards after applying existing required controls.
- Establish priority waters/watersheds-State prioritizes waters/watersheds and target high priorities for TMDL development.
- Develop TMDLs- develop TMDLs that will achieve water quality standards, allowing for seasonal variations and appropriate margin of safety. It is a quantitative assessment of water quality problems, contributing sources, and load reductions or control actions needed to restore and protect individual water bodies.
TMDL is sum of
individual waste load allocations for point, non-point, and natural sources, plus appropriate margin of safety
Effluent limitations guidelines (ELGs)-
controls the discharge of pollutants from construction and development sites. Requires non-numeric BMPs and requires certain construction site owners and operators to sample stormwater discharges and comply with a numeric standard for turbidity, numeric effluent limitation (NEL)
Effluent limitation
construction sites must sample stormwater discharges and comply with the daily average from all measurements for turbidity-280 NTU (nephelometric turbidity units). Storms large then two year, 24 hour storm, limitations do not apply that day.
Individual permits:
Specific facility. Facilities required to use individual are
- discharge when an individual NPDES permit has already been issued; and
- Discharges determined to be contributing to the violation of water quality or is a significant contributor.
Permit application a minimum of
7 days prior to construction including a SWPPP before NOI.
Six phases of the SWPPP
- site evaluation/design development
- assessment
- control selection and plan design
- certification and notification
- construction
- final stabilization/termination
SWPPP Site Evaluation 4 required activites
collecting site information, developing site plan design, describing construction activity, preparing pollution prevention site map.
SWPPP site evaluation includes 4 items
- existing soil info
- existing date for runoff quality
- location and extent off surface waters
- name and location of the receiving water
SWPPP site plan design goals
- disturb smallest area possible
- avoid disturbing sensitive areas
- identify areas to be preserve in place
SWPPP Describing construction activity-
description of project type. SWPPP must list all soil disturbing activities.
Pollution prevention site map
combine previous info. Include the following:
- location of surface waters
- location and steepness of slopes after grading
- location and area disturbed
- drainage pattern post construction including discharge areas using contours or flow arrows
Project Assessment
measures size of land disturbance and estimates impact on storm water runoff using first phase info
Calculating runoff
SWPPP must include estimate of runoff coefficient of site post construction
BMP selection and Plan Design steps
- review and incorporate state and local requirements
- select erosion and sediment controls
- select other controls
- select storm water management controls
- indicate the location of controls on the site map
- prepare an inspection and maintenance plan
- prepare description of controls
- prepare a sequence of major activities
storm water management controls-if higher runoff flows post construction…
must contain technical explanation of why this storm water management method was selected
SWPPP Construction and Implementation-involves the following activities
- implementing BMPs
- Inspecting/maintaining
- maintaining records
- update the plan and keep it current
- taking proper action when there is a reportable quantity spill
- having plan accessible
EPA Administrative orders
EPA imposes fines and penalties without court action. Class I penalty-notice in writing that fine is being considered, with opportunity to require informal hearing. Class II-written notice and full adjudicatory hearing prior to assessment of penalties.
Class I-$11,000-$32,000 per day max
Class II-$16,000-$177,500 per day max
Before issuing administrative order-public notice, public hearing, proposed issuance. May include schedule for compliance and actions to take to become compliant.
EPA Civil Penalties
EPA is authorized and does not need to issue administrative order. Proof of violation. Prove that CWA, regulations, or conditions are being violated. Not required to show fault or negligence
$37,500 per day max with no ceiling
EPA Criminal Penalties
criminal prosecution against corporations or individuals. Refered to department of justice of discharger who willfully or negligently violates the CWA. Ex. Failure to maintain proper records, failure to maintain appropriate BMPs, causing improper discharges.
- initial conviction for negligent violation-$2,500-$37,500/day, prison max 1 year
- initial conviction for knowing violation-$5,000-$50,000/day, prison max 3 years
- known violation with health safety, up to $250,000 individual, $1,000,000 for organizations, prison 15 max
- false statements, representations, certifications, documentation-$10,000 max, prison max 2 years
- subsequent violations-penalties can be doubled.
EPA Citizen Suits
civil actions by citizens against violators. 60 day grace period and must include alleged violations, copies sent to EPA and state. If not remedied within 60 days, citizen can file complaint in federal district court.
Damages are not available, litigation costs may be awarded, injunction, civil penalties.
small MS4
Municipalities within an “urbanized area” serving 10,000 or more with density of 1,000 per acre
Phase II MS4 municipality must
optain NPDES, develop SWMP, and implement using SMPs, develop measurable goals, and evaluate effectiveness. They prepare and submit their SWMP to agency for review and provide an annual report stating progress and effectiveness.
Applicable standards for MS4
reduce discharge of pollutants to MEP, protect water quality, satisfy water quality requirements of the CWA
Six minimum control measures of SWMP
- public education and outreach
- public participation/involvement
- Illicit discharge detection and elimination-plan to detect and eliminate. Includes informing public about hazards.
- construction site runoff
- post construction runoff control
- pollution prevention/good housekeeping
