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EPA Stormwater Requirements in the State of Washington

Federal Facilities and  Indian Country

EPA Construction General Permit (CGP) Section 9

Synopsys: If you are doing a federal project or a project on federal land, military base or Indian reservation you need to apply directly to the  EPA for a Construction General Permit (CGP).  Application can be made using EPA e-noi (electronic notice of intent stormwater application  Section 9.4 & 9.5 outline the overlay of the oversight between EPA & Washington State Department of Ecology.

Basic Requirement:  EPA Permit & oversight on the project, follow Washington State DOE requirements for inspection and Stormwater Pollution Prevention Planning (SWPPP). No DOE stormwater monitoring or reporting is required, but is strongly recommended.

4. WAR10000F: Federal Facilities in the State of Washington, except those located on Indian Country

 The following conditions apply to stormwater discharges from all permitted construction sites which disturb one acre or more and which discharge to surface waters (40 CFR part 122.26(b)(14)(x) and 122.26 (b)(15)):

 a)      Discharges must not cause or contribute to a violation of surface water quality standards (Chapter 173-201A WAC), sediment management standards (Chapter 173-204 WAC), ground water quality standards (Chapter 173-200 WAC), and human health-based criteria in the National Toxics Rule (Federal Register,Vol. 57, No. 246, Dec. 22, 1992, pages 60848-60923). Discharges that are not in compliance with these standards are not authorized.

 

b)      You must apply all known available and reasonable methods of prevention, control and treatment (AKART), including the preparation and implementation of an adequate Stormwater Pollution Prevention Plan (SWPPP), with all appropriate BMPs installed and maintained in accordance with the SWPPP and the terms and conditions of this permit.

 

c)      Stormwater BMPs must be properly designed, constructed, maintained and operated to:

 

i)        Prevent pollution of state waters and protect water quality, including compliance with applicable state water quality standards;

ii)      Satisfy state requirements for all known available and reasonable methods of prevention, control and treatment (AKART) of wastes (including construction stormwater runoff) prior to discharge to waters of the state; and

iii)    Satisfy the federal technology-based treatment requirements under 40 CFR part 125.3.

 

d)       You must document the technical basis for the design criteria used to select and design your stormwater management BMPs. You must document within your Stormwater Pollution Prevention Plan (SWPPP) how stormwater BMPs were selected, the pollutant removal performance expected from the BMP being selected, the technical basis (scientific, technical studies, and/or modeling) which support the performance claims for the BMPs being selected, and an assessment of how the selected BMP will comply with state water quality standards, satisfy the state AKART requirements, and satisfy the federal technology-based treatment requirements.

 

If you choose to follow the stormwater management practices contained in stormwater technical manuals approved by Washington State, including the proper selection, implementation and maintenance of appropriate BMPs, you are presumed to have satisfied this demonstration requirement and do not need to include within the SWPPP the technical basis which support the performance claims for the BMPs being used. The SWPPP must include a reference to the manual used. Approved stormwater technical manuals include:

 

i)        Stormwater Management Manual for Western Washington, August 2001, for sites west of the crest of the Cascade Mountains;

ii)      Stormwater Management Manual for Eastern Washington, (completion expected in the fall of 2003) for sites east of the crest of the Cascade Mountains; or

iii)    Other equivalent stormwater management guidance documents approved by Ecology.

 

e)      Stormwater discharges from construction sites which disturb 5 acres or more (40 CFR part 122.26(b)(14)(x)) and which discharge to surface waters listed as impaired by the state under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH, and/or phosphorus are subject to an effluent limitation that is equal to the applicable water quality standards at the point of discharge. If impairment is due to turbidity and/or fine sediment, the turbidity at the point of discharge shall not exceed the background (upstream) turbidity of the receiving water.

 

i)        Effluent limitations apply to direct discharges to listed waterbodies as well as indirect discharges via a stormwater conveyance system.

ii)      All references and requirements associated with Section 303(d) of the Clean Water Act shall use the most current listing by Ecology of impaired waters that exists at the time of application for coverage under this permit

 

f)       Stormwater discharges from construction sites which disturb 5 acres or more (40 CFR part 122.26(b)(14)(x)) and which discharge to surface waters for which there is a total maximum daily load (TMDL) allocation or other control plan that addresses sediment (including turbidity, fine sediment, total suspended solids or siltation), high pH, or phosphorus must be consistent with the requirements in the approved TMDL or applicable control plan. Control plans may be total maximum daily load (TMDL) determinations, restrictions for the protection of endangered species, ground water management plans, or other limitations that regulate or set limits on discharges to a specific waterbody or groundwater recharge area.

Information on impaired waterways is available from the Department of Ecology web site at: http://www.ecy.wa.gov/programs/wq/stormwater. You may also contact the Department of Ecology for more information about impaired waterways at:

Mailing Address:

Department of Ecology

Stormwater Unit

PO Box 47600

Olympia, WA 98504-7600

 Physical Address:

Department of Ecology

300 Desmond Drive

Lacey, WA 98503

Phone: 360-407-6000

5. WAR10000I: Indian country within the State of Washington

a)      Puyallup Tribe of Indians. The following conditions apply only for projects on the Puyallup Reservation:

 

i)        Each operator shall be responsible for achieving compliance with the Puyallup Tribe’s Water Quality Standards.

ii)      Each operator shall submit all Pollution Prevention Plans to the Puyallup Tribe Environmental Department for review and approval prior to beginning any discharge activities.

iii)    Each operator shall submit a copy of the Notice of Intent to the Puyallup Tribal Environmental Department at the same time it is submitted to EPA.  Storm Water Pollution Prevention Plans and Notices of Intent shall be submitted to:

Puyallup Tribe Natural Resources, Environmental Department

1850 Alexander Avenue

Tacoma, WA 98421

b)      Confederated Tribes of the Chehalis Reservation. The following conditions apply only for projects on the Chehalis Reservation:

 

i)        The operator shall be responsible for achieving compliance with the Chehalis Tribe’s Water Quality Standards.

ii)      The operator shall submit a Storm Water Pollution Prevention Plan to the Chehalis Tribe Department of Natural Resources for review and approval at least thirty (30) days prior to beginning any discharge activities.

iii)    The operator shall submit a copy of the Notice of Intent to the Chehalis Tribe Department of Natural Resources at the same time it is submitted to EPA.

iv)    Storm Water Pollution Prevention Plans and Notices of Intent shall be submitted to:

Chehalis Tribe Department of Natural Resources

420 Howanut Road

Oakville, WA 98568

 

 

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