RIPDES Storm Water Program: Large and Small Construction

Large Construction (Phase I) Permitting Found under Category (x): Industrial Activities Regulatory definition: Rule 31(b)(15)(x) Point Source Discharges From Land Disturbance of five or more acres –Clearing, grading or excavation –Activities part of a larger common plan of development –Multiple activities within a contiguous area –Includes activities taking place on different schedules

Large Construction (Phase I) Permitting Construction General Permit (CGP) –RIPDES re-issued in March 1998 –To be re-issued in March 2003 Requires submission of application and storm water pollution prevention plan Allows automatic authorization for projects approved by CRMC, DEM Freshwater Wetlands, DEM WQC, and Local Conservation Districts.

New Phase II Rules Small Construction Activity RIPDES Permits required for construction sites disturbing > 1 acre. Construction activity below 1 acre that is part of a larger common plan of development or sale Construction activity that disturbs less than 1 acre of land may be designated based on water quality impact

New Phase II Rules Small Construction Activity (Continued) Rules allow DEM to recognize approvals issued by local sediment and erosion control programs. Located in regulated small MS4 - must also comply with MS4’s construction requirements

Reasons for Local Construction Requirements Requirements tailored to locality Local oversight more effective than just State oversight Protect local infrastructure and prevent introduction of pollutants into the local storm sewers and drainage system

Construction Activity Survey Survey Goals: Determine the extent of local sedimentation and erosion control programs. –Resources currently available –comparison with construction general permit requirements –comparison with MS4 requirements

Responses Nineteen (19) of Twenty nine (29) automatically designated communities responded to the survey (66%) Four (4) out of (10) communities outside of urbanized areas responded to the survey (40%)

Survey Summary Most municipalities review proposed construction plans for proper E&S controls (95%) fifty three percent (53%) have full time staff for reviews Twenty six percent (26%) review plans for ‘other’ controls Seventy four percent (74%) have adequate legal authority Sixty three percent (63%) require submission of a plan Seventy six percent (76%) perform inspections Sixty three (63) percent have full time staff for inspections

Survey Conclusion Majority of municipalities that responded review & inspect Most have adequate legal authority More than half have full time staff Most will have to include additional requirements to be considered a qualifying local program

Conclusion Deadline for application/NOI for small construction: 3/2003 and 90 days prior DEM required by EPA rule to issue GP by December 2002 RIPDES plans to update GP>5 with work group