Small Site CGP Closer to Being Implemented

An update has been posted on the ANR's Water Quality Division website regarding the small site (between one and five acres) CGP. Their notice is posted as follows:

The Department has finalized the permit and is awaiting administrative approval from the Agency of Natural Resources and EPA. It is expected that the permit will be adopted by February 27, 2004. If you wish to be notified of permit adoption and are not already on the Stormwater Notification List, please contact Stephanie Lanphear.

Other information on the CGP can be found here.

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EPA NE Cracks Down on Stormwater Violators

Note: This article is a press release distributed by the ANR Stormwater Section.

Compliance with stormwater regulations continues to be a top enforcement
priority at EPA NE. This month, the agency filed complaints against three
New Hampshire-based companies for alleged violations of stormwater rules
at a 75-acre residential development project in Methuen, MA. The
complaint, filed against the developer, the general contractor and the
company responsible for road construction and utility installation, seeks
up to $137,500 of penalties.

The complaint alleges that the companies failed to obtain required federal
stormwater permits and failed to fully prepare and implement a stormwater
pollution prevention plan. EPA inspections showed that because of
incomplete and poorly maintained controls, sediments and solids were being
discharged off the construction site into adjoining wetlands and a brook.
Methuen's Conservation Commission issued an enforcement order to the
developers in 2001 for similar violations.

The case is among many EPA NE has initiated the past few years to improve
compliance with stormwater rules at New England construction sites. More
than 50 inspections have been carried out in the region since June 2001
and more than a half dozen of those inspections have resulted in
enforcement actions.

Rainwater running off construction sites can carry sediments, oil and
various other pollutants into nearby streams, ponds and rivers. Erosion
from a one-acre construction site can discharge as much as 20 to 150 tons
of sediment in one year if not properly managed. Sediments reduce the
storage capacity of drains and waterways, causing flooding and adversely
affecting water quality and fish habitat. Sediments and chemicals can also
contribute to fish die-offs, toxic algae blooms, contaminated shellfish
beds and closed swimming beaches.

In 1998, more than 1,500 beach closings and advisories in U.S. coastal and
Great Lakes communities were attributed to stormwater runoff from
construction sites, streets, parking lots, agricultural lands and yards.

Federal stormwater rules require all parties conducting construction
activity disturbing at least one acre of soil to develop and implement a
stormwater pollution prevention plan that meets federal guidelines.
Stormwater plans, once implemented, will minimize erosion, reduce sediment
loss and prevent negative byproducts of construction operations and
maintenance (oils, gas, grease, chemicals, equipment washout and trash)
from polluting stormwater. Among other components, the plans call for
frequent inspections of stormwater controls during construction activities
so that any observed problems can be fixed as soon as possible.

Stormwater compliance is a top priority at EPA, both locally and
nationally. One of the biggest national cases to date was a 2002
settlement with Wal-Mart Stores Inc., in which the company agreed to pay a
$1 million penalty and implement a $4.5 million environmental management
plan stemming from widespread stormwater violations at 17 locations in
Texas, New Mexico, Oklahoma and Massachusetts.

EPA has also developed written materials, web sites, workshops and other
products to help those involved in construction projects understand how to
comply with stormwater laws. Much of this information can be found at the
agency's regional web site

www.epa.gov/ne/topics/water/stormwater.html

Developers seeking further assistance can contact Abby Swaine, of EPA NE's
Assistance Unit

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Haybales Lose Favor in Sediment Control

Haybales were once considered a main staple in sediment control. Their low expense, easy availability and potential effectiveness enhanced their popularity.

Things have changed since the NPDES regulations took effect in Vermont (see here for information). With the federal NPDES program regulating the erosion prevention and sediment control measures on construction sites, the use of haybales has come into question for their primary uses: check dams and storm sewer inlet protection. Regulators have witnessed the majority of haybale check dams have not been properly installed, and would rather see other measures used. Stone filters are the preferred method of preventing sediment inflow on catch basins. For an example of a preferred alternative, refer to this document, and scroll down to page 5A.29. Encouragement is given to stone check dams instead of haybale dams.

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EPA's Stormwater Program Takes on Construction Site Runoff

Much has changed in the past 20 years as far as erosion on construction sites are concerned. Once, erosion control included laying silt fence around the perimiter of the work site. Now, an Erosion Prevention and Sediment Control (EPSC) plan is employed, due to the implementation of the National Pollution Discharge Elimination System (NPDES) regulations regarding construction sites.

Erosion prevention refers to limiting the amount of soil that could be released from the ground to an offsite location. This is the preferred method of complying with the NPDES regulations, since the contractor is stopping sedimentation at the source. Sediment control are measures such as silt fence, sedimentation ponds and storm sewer inlet protection. This is stopping sediment-laden runoff from entering waterways, which is never 100% effective. While necessary, sediment control shouldn't dominate an EPSC plan.

More to come on this topic. Being a relatively new set of regulations, there are many questions around the engineering and construction community regarding techniques and procedures to satisfy the regulators. Answers will be slowly coming as we all learn how to plan in this new era.

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State Legislature Takes on Stormwater Permit Issue

Since June of 2003, construction projects within impaired waterways (such as Engelsby Brook, Potash Brook and Indian Brook) have been put on hold due to a decision by the Water Resources Board (see here for a summary of the decision in PDF format). Their decision invalidated the Watershed Improvement Permit program, which was supposed to cover stormwater discharges for imparired waterways. With no permit to apply for, new construction was halted and previous permittees looking to update their expired permits were left in limbo. Besides halting construction, this permit issue can halt property sales for developments in impaired waterways. With no valid permit in place, some lenders will not commit to a sale. The Agency of Natural Resources (ANR) has waited for the legislature to give them direction on how to proceed. In the meantime, the Water Resources Board began an investigation into the matter, with representatives from business, environmental groups and local officials.

Fortunately, this issue is on the front burner. In yesterday's Burlington Free Press (link here, although it will disappear in a week), it was reported that legislators have started to move, bringing in members from the WRB's talks. It appears that results of these legislative meetings will be apparent at the beginning of February. Sticking points in this process include whether to change legislation regarding stormwater management and whether to remove a five-year deadline imposed to bring the impaired waterways in compliance with the Water Quality Standards. We'll keep you posted on this as the story develops.

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