1. EPA CONSTRUCTION & DEVELOPMENT EFFLUENT LIMITATIONS GUIDELINES Tim Ryan, P.E. Water Resources Engineer Water Resources Engineer Wisconsin Department of Natural Resources (608) 266-5239 tim.ryan@wisconsin.gov

2. FINAL EFFLUENT LIMITATIONS GUIDELINES Published in Federal Register December 1, 2009 All construction sites will be required to meet a series of non-numeric effluent limitations (stormwater control measures) All construction sites will be required to meet a series of non-numeric effluent limitations (stormwater control measures) Construction sites that disturb 10 or more acres of land at one time will be required to monitor discharges from the site and comply with a numeric effluent limitation Construction sites that disturb 10 or more acres of land at one time will be required to monitor discharges from the site and comply with a numeric effluent limitation  Turbidity – 280 NTUs  Phased in over 4 years

3. NON-NUMERIC EFFLUENT LIMITATIONS Erosion and Sediment Controls Erosion and Sediment Controls  Control stormwater volume and velocity to minimize erosion  Control stormwater discharges (peak flow/volume) to minimize erosion at outlets/channel erosion  Minimize exposed soil  Minimize disturbance of steep slopes  Minimize sediment discharges from the site  Provide and maintain natural buffers around surface waters & direct water to vegetated areas  Minimize soil compaction and preserve topsoil

4. NON-NUMERIC EFFLUENT LIMITATIONS Soil Stabilization – Performed immediately when land disturbing construction activities have: Soil Stabilization – Performed immediately when land disturbing construction activities have:  Permanently ceased on any portion of the site  Temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days Dewatering – Prohibited unless treated Dewatering – Prohibited unless treated Pollution Prevention Pollution Prevention  Wash waters  Building materials and waste  Spills and leaks

5. NON-NUMERIC EFFLUENT LIMITATIONS Prohibited Discharges: Prohibited Discharges:  Wastewater from washout of concrete, unless managed by an appropriate control  Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials  Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and  Soaps or solvents used in vehicle and equipment washing

6. NON-NUMERIC EFFLUENT LIMITATIONS Surface Outlets - When discharging from basins and impoundments, utilize outlet structures that withdraw water from the surface, unless infeasible Surface Outlets - When discharging from basins and impoundments, utilize outlet structures that withdraw water from the surface, unless infeasible

7. TURBIDITY EFFLUENT LIMIT Turbidity limit of 280 NTUs (Nephelometric turbidity units) applies to sites with 10 or more acres of disturbance Turbidity limit of 280 NTUs (Nephelometric turbidity units) applies to sites with 10 or more acres of disturbance

8. TURBIDITY EFFLUENT LIMIT The 10 acres do not need to be contiguous The 10 acres do not need to be contiguous The 10 acres threshold applies to the total area disturbed at a given point in time (encourages phased construction and stabilization) The 10 acres threshold applies to the total area disturbed at a given point in time (encourages phased construction and stabilization) EPA recommends that permitting authorities require notification when the permittee has exceeded the 10 acre threshold EPA recommends that permitting authorities require notification when the permittee has exceeded the 10 acre threshold

9. TURBIDITY EFFLUENT LIMIT Monitoring 280 is a maximum daily discharge. The average of all readings taken during a given event in a 24-hour period must be less than 280 NTU. EPA expects at least 3 samples per event per discharge point 280 is a maximum daily discharge. The average of all readings taken during a given event in a 24-hour period must be less than 280 NTU. EPA expects at least 3 samples per event per discharge point The specifics of the monitoring requirements are being left up to the permitting authority The specifics of the monitoring requirements are being left up to the permitting authority The numeric limitation applies to all concentrated discharges from C&D sites. EPA is encouraging dispersion of stormwater to vegetated areas and infiltration of stormwater instead of discharging it from the site. The numeric limitation applies to all concentrated discharges from C&D sites. EPA is encouraging dispersion of stormwater to vegetated areas and infiltration of stormwater instead of discharging it from the site.

10. TURBIDITY EFFLUENT LIMIT Monitoring EPA expects any storm event or snowmelt event that generates a discharge from the construction site should be monitored EPA expects any storm event or snowmelt event that generates a discharge from the construction site should be monitored The 280 NTU limit only applies for storms not exceeding the 2-yr, 24-hr event. The 280 NTU limit only applies for storms not exceeding the 2-yr, 24-hr event. EPA expects sampling would be done during normal business hours at a project (6:00 AM to 6:00 PM) EPA expects sampling would be done during normal business hours at a project (6:00 AM to 6:00 PM) Sampling is not expected during unsafe weather conditions Sampling is not expected during unsafe weather conditions Linear projects may be allowed to do representative sampling due to the potential large number of sample points Linear projects may be allowed to do representative sampling due to the potential large number of sample points

11. TURBIDITY EFFLUENT LIMIT Implementation The rule becomes effective on February 2, 2010. The rule becomes effective on February 2, 2010. Any disturbance of 20 acres or more will require monitoring beginning August 2, 2011. Any disturbance of 20 acres or more will require monitoring beginning August 2, 2011. Any disturbance of 10 acres or more will require monitoring beginning February 2, 2014 Any disturbance of 10 acres or more will require monitoring beginning February 2, 2014 States will be required to incorporate these requirements into their new construction site storm water discharge permits (Wisconsin’s permit expires in September 2011) States will be required to incorporate these requirements into their new construction site storm water discharge permits (Wisconsin’s permit expires in September 2011)

12. THE TAKE Keep site disturbance below 10 acres Keep site disturbance below 10 acres  Minimize the disturbance  Stabilize quickly  Phase construction to minimize disturbance at any point in time Minimize concentrated discharges Minimize concentrated discharges  Utilize diffused discharge to vegetated areas Monitoring specifics are still to be worked out Monitoring specifics are still to be worked out To view the rule go to: http://www.epa.gov/waterscience/guide/construction/