2003-04-01 P & Z Agenda - Laserfiche WebLink

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. other construction activities. For construction sites disturbing less than 5 acres, EP A does not consider construction activity to include routine maintenance performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. A NPDES permit, however, can only be required if a construction site has a point source discharge. A point source discharge means that pollutants are added to waters of the United States through a discernible, confided, discrete conveyance. "Sheet Flow" runoff from a small construction site would not result in a point source discharge unless and until it channelized. However, States are required to prepare and submit for EP A approval a statewide Nonpoint Source Management Program for controlling nonpoint source water pollution to navigable waters within the State and improving the quality of such waters. EP A is planning to standardize minimum requirements for construction and post- construction BMPs in a new rulemaking under Title III of the CW A. The permits require the preparation of storm water pollution prevention plans, but actual BMP selection and design is at the discretion of permittees, in conformance with applicable State and local requirements. Where there exists State and local requirements specific to BMPs, they vary widely, and many jurisdictions do not have such requirements. In developing these regulations, EP A intends to evaluate the inclusion of design and maintenance criteria as minimum requirements for a variety ofBMPs used for erosion and sediment control at construction sites, as well as for permanent BMPs used to manage post-construction storm water discharges. EP A currently recommends using general permits for all newly regulated storm water sources. However, permitting authorities may, of course, require individual permits in some cases to address specific concerns, including permit non-compliance. The operator of the construction site, as with any operator of a point source discharge, is responsible for obtaining coverage under a NPDES permit as required by l22.21(b). The operator must meet the following two criteria; (1) Operational control over the site specifications, including the ability to make modifications in the specifications; and (2) day-to-day operational control of those activities as the site necessary to ensure compliance with permit conditions. The operator must develop, implement, and enforce a program to reduce pollutants in any storm water runoff from construction activities that result in a land disturbance of greater than or equal to one acre or if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. The program must include, at a minimum; requirements for construction site operators to implement appropriate erosion and sediment control BMPS, such as silt fences, temporary detention ponds and diversions; procedures for site plan review by the small MS4 which incorporate consideration of potential water quality impacts; requirements to control other waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary