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

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time-sensitive and dependent on when during the year a construction activity takes place, how long it lasts, and the expected rainfall and intensity during that time. This waiver is most applicable to projects of short duration and to the arid regions of the country where the occurrences ofrainfall follows a cyclic pattern. The R factor varies based on the time during the year when construction activity occurs, where in the country it occurs, and how long the construction activity lasts. Application of this waiver is at the discretion of the permitting authority, subject only to the limitation that R factors cannot exceed 5. The second waiver is based on a consideration of ambient water quality. The waiver is available based on either an EPA-approved "total maximum daily load" (TMDL) under section 303(d) of the CWA that addresses the pollutant(s) of concern or, for sites discharging to non-impaired waters that do not require TMDLs, an equivalent analysis that has either determined allocations for small construction sites for the pollutant(s) of concern or determined that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. In order for discharges from construction sites under five acres to qualify for the water quality waiver oftoday's rule, the construction site operator must demonstrate that storm water controls are not necessary for sediment or a parameter that addresses sediment and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. This waiver provision requires a TMDL or equivalent analysis for a pollutant other than gross particles only if the receiving water is currently impaired for that pollutant. Conclusion State and local requirements should be read and understood due to local and State authorities enforcing these programs. Noncompliance with the referenced local requirements will be considered noncompliance with the NPDES permit. NPDES permits are federally enforceable. Violators may be subject to the enforcement actions and penalties described in CW A sections 309, 504, and 505 or under similar water pollution enforcement provisions of State, tribal or local law.