Effective October 1, 2011 New Connecticut General Permit for the Discharge of Stormwater Associated with Industrial Activity October 5, 2010 Connecticut Marine Trades Association

Gregory A. Sharp, Esq. Murtha Cullina LLP | Andrew W. Lord, Esq. Murtha Cullina LLP | Chris Stone, P.E. CT Department of Environmental Protection | Ted Sailer, CHMM, LEP Sailer Environmental |

Applicability Applies to Activities with Industrial SIC Codes. Approximately 1,700 companies and government agencies are registered. Marinas, Yacht Clubs and Boat Dealers are now all subject to the permit (also Boat Bldg/Repair – SIC 373).  SIC Codes 4493, certain 7997, and 5551.

Discharge of Stormwater from Industrial Facilities Goal and Rationale of General Permit The goal of this and prior Industrial Stormwater General Permits is to provide a streamlined method for the regulated community to be in compliance with the requirements of the federal and state Clean Water Acts without the cost, time and effort involved in obtaining individual discharge permits. The environmental concern is that rainfall landing on roofs, storage areas, and yards at industrial facilities pick up contaminants which are transported through conveyances to surface waters or ground water, impairing water quality.

Status of New Permit Stakeholders, including CMTA, CBIA, environmental groups and others, negotiated the structure and requirements of the General Permit with DEP staff during Hearing held on “Final Draft” June 24, Additional hearings in March and April, Commissioner signed final permit on August 23, Permit becomes final with effective date on October 1, 2011.

Coverage During the Interim The previous General Permit issued in 2002 expired on September 30, It was reissued without change on October 1, 2007 to expire on September 30, 2008, and reissued again on October 2, 2008 to expire on March 31, On April 14, 2009, the Commissioner again reissued the previous General Permit to expire on September 30, 2010, but required permittees to re-register their facilities with a prorated $300 registration fee. General permit reissued one (hopefully) last time on October 1, 2010 to expire September 30, No need to reregister. If you have not registered under the April 14 th permit you should do so ASAP to remain in compliance.

Major Changes from Past Permits Certification of Stormwater Pollution Prevention Plans (“SWPPPs”) at time of registration. Availability of SWPPPs for public comment. Adoption of 10 Sectors to tailor permit to needs and challenges of individual industries. Increased Stormwater Monitoring (Twice per Year). Quarterly visual monitoring. Specific sector-based monitoring requirements and Best Management Practices (“BMPs”) for Marinas, Yacht Clubs and Boat Dealers (“Sector H”) and Boat Bldg/Repair (“Sector I”). Monitoring “benchmarks” and “effluent limits” with exceedances requiring follow-up action (no effluent limits for marinas). Monthly routine inspections with documentation.

Process for Registration in 2011 Update SWPPP and have it certified by a P.E. or CHMM. Option to post it to a website. If SWPPP is posted to a website, your coverage will be effective 60 days after submitting the new registration form. If SWPPP not posted, coverage will be effective 90 days after registration to enable public to review SWPPP. DEP will post notices of registrations on their website to alert the public and will request hard copies of SWPPPs from those not posting on a website. The registration submittals must be made prior to June 1, 2011 to allow sufficient lead times for coverage to become effective on October 1, Fee for registration is $500 for companies with less than 50 employees statewide (excluding seasonals employed less than 120 days/year) or gross sales of less than $5 million. $1,000 fee for companies with more than 50 employees statewide, excluding seasonals, and gross sales of greater than $5 million.

New Permit Requirements: Stormwater Monitoring Quarterly monitoring for visual inspection. Semi-annual General Monitoring with benchmarks. Annual Toxicity Monitoring for first two years. Impaired Waters/TMDL Monitoring. Sector Specific Monitoring. Effluent Limitations Monitoring.

New Requirements: Visual Monitoring Visual monitoring quarterly for the entire term of the permit of a stormwater sample collected at the outfall in a clean, clear glass or plastic container for:  Color  Odor  Clarity  Floating solids  Settleable solids If problems observed, modify SWPPP and control measures and document.  Suspended solids  Foam  Oil sheen  Other obvious indicators

New Requirements: Monitoring Applicable to All Semi-annual monitoring is required at all facilities for:  COD  Total O&G  pH  TSS  Total Phosphorous  Total Kjeldahl Nitrogen Annual monitoring for the first two (2) years of the permit is required during a regular semi-annual monitoring event for aquatic toxicity.  Nitrate as Nitrogen  Total Copper  Total Lead  Total Zinc  Also, pH of uncontaminated rainfall at time of sample

New Requirements: General Monitoring Benchmarks Benchmarks are numeric criteria. Benchmarks for Copper, Lead & Zinc are based on concentrations calculated to be protective of water quality. Benchmarks for the other parameters are based on the 80 th percentile of data collected from and submitted by all Industrial Stormwater sources. No benchmark for Copper for marine industries. No effluent limits for marine industries

General Monitoring Benchmarks ParameterConcentration  COD75 mg/l  Total O&G 5 mg/l  pH5-9 SU  TSS90 mg/l  TPh0.40 mg/l  Total Kjeldahl Nitrogen2.30 mg/l  Nitrate as Nitrogen1.10 mg/l  Total Copper0.059 mg/l (Note: Sectors H & I Exempt)  Total Lead0.076 mg/l  Total Zinc0.160 mg/l

Other General Monitoring Requirements Monitoring Only  pH of uncontaminated rainfall at time of sample -- No Benchmark  Aquatic Toxicity annually for first two years -- No Benchmark

Numeric concentration thresholds, but not permit limits per se. Exceedances do not constitute a violation of permit. Exceedances do trigger further steps. What are Benchmarks?

Compliance with Benchmark Requirements If the average concentration of four sampling rounds for a given parameter does not exceed a benchmark, monitoring for that parameter may cease for the duration of the permit. Unlike previous general permit, exceedance of a benchmark requires continued sampling only for that parameter, not all parameters.

Compliance with Benchmark Requirements (continued) If the four-sample average of a parameter exceeds its benchmark, you must  Review the control measures in the SWPPP to determine if modifications are necessary, make changes, and continue monitoring, or  Make a determination that no further reductions are “technologically available and economically practicable and achievable in light of best industry practice”, submit documentation of this determination to Commissioner for her approval, and continue monitoring once a year.

Exemption from Benchmark Compliance for “Background” There is an exemption from these requirements if you can document that the exceedance is solely caused by the presence of the pollutant in the natural background or “run-on” to the site from off-site properties, and you meet four technical requirements set forth in the permit.  “Legacy” pollutants on-site are not included in definition of “background.”

Marina Sector Performance vs. Benchmark Concentrations Historical Data for Marinas reported by DEP from 284 Samples:  COD 75 mg/l: >20<50% exceeded.  O&G 5 mg/l: 20% exceeded.  TSS90 mg/l: >20<50% exceeded.  TPh 0.40 mg/l:>20<50% exceeded.  TKN 2.30 mg/l: 20% exceeded.  NO mg/l:>20<50% exceeded.  Cu 0.06mg/l:>50<80% exceeded. (Sector H & I Exempt)  Pb mg/l:>20<50% exceeded. *With new BM, don’t know if still valid  Zn mg/l:>20<50% exceeded. *With new BM, don’t know if still valid

In addition to General Monitoring and Toxicity Monitoring, industrial stormwater discharges to “impaired waters” are subject to additional monitoring. Check DEP website for list of “impaired waters” contained in: “2008 State of Connecticut Integrated Water Quality Report, Table 3-3.” Discharges to impaired waters without an established Total Maximum Daily Load (“TMDL”) are subject to monitoring annually for all pollutants for which the water body is impaired. Discharges to waters with an established TMDL are subject to monitoring only when the permittee is notified by the Commissioner. New Requirements: Monitoring Discharges to “Impaired Waters”

New Requirements: Sector Specific Monitoring Sector H of the General Permit is applicable to Marinas, Yacht Clubs and Boat Dealers. Sector I is Boat Building/Repair. Sector H establishes benchmarks for Iron (1.0 mg/l) and Total Aluminum (0.75 mg/l). These two parameters must be included in the analysis of semiannual samples in accordance with the General Benchmark Monitoring Requirements. Sector H specifically exempts facilities monitoring under its provisions from compliance with the Benchmark for Total Copper, but facilities must monitor and report Total Copper semi- annually for the life of the permit.

USEPA has established Effluent Limitations for specific Sectors. Exceedance of an Effluent Limitation is a permit violation. Annual monitoring for Sector Specific Effluent Limitations is required. Good News: There are no effluent limitations included in the General Monitoring Requirements or in the Sector H Monitoring Requirements. New Requirements: Monitoring for Compliance with Effluent Limitations

New Requirements: Sector H Limitations Non-stormwater discharges from sanitary wastes and pressure wash water originating from vessels are specifically not authorized under this permit. However, the permit language recognizes that discharges from non-pressure washing, bilge water, ballast water and cooling water originating from recreational vessels up to eighty (80) feet in length may be discharged as they are incidental to the normal operation of a recreational vessel.

New Requirements: Sector H BMPs Pressure Washing Discharges are specifically not covered by the permit. Blasting and Paint Spraying must be conducted in accordance with the Clean Marina Guidebook, as amended. Material Storage Guidelines set forth for chemicals, fuel, paints, batteries, etc. Engine Maintenance and Repair Guidelines set forth to minimize risks of discharge of chemicals to ground or surface waters.

New Requirements: Sector H BMPs (continued) Material Handling Guidelines to minimize contamination of precipitation or surface runoff from handling operation by use of covers, spill and overflow protection, etc. New containment requirements for stationary tanks and mobile or portable tank storage, including the use of double-walled tanks, 110% secondary containment and certain conditions for mobile tanks. Employee Training to focus on used oil, spent solvents, spent abrasives, vessel wastewaters, spill control, fueling, painting and blasting, engine maintenance & repair, zinc anode disposal, and used battery management. Inspection requirements to focus on these and other environmental high risk areas.

Preparation for October 1, 2011 Review your current SWPPP. Contact your P.E. or CHMM to discuss requirements of new permit, updating your SWPPP, training your employees and the new monitoring requirements. Address Pressure Washing issues by signing and complying with Consent Order or terminating the discharge. Be alert for DEP outreach and guidance on submitting registrations with updated SWPPPs prior to June 1, Allow time for the 60 or 90 SWPPP review to be completed before October 1, 2011.