Multi-Sector General Permit Information

On August 18, 2006 a new stormwater permit program for industry became effective. The Multi-Sector General Permit (MSGP) covers many different types of industrial facilities, which are listed by Standard Industrial Classification (SIC) codes, as required by the federal Clean Water Act.

What does this mean?

All listed facilities were required to file a Notice of Intent (NOI) to obtain coverage under the permit as of the effective date. Permitted facilities must then prepare a Stormwater Pollution Prevention Plan (SWPPP) and institute the best management practices (BMPs) at the facility by May 15, 2007

Directions on how to determine a facility SIC code is available on the State of Vermont website here (pdf):

What are the options?

If all of the industrial materials and activities at your facility are protected from exposure to rain, snow melt-water and runoff, then the facility may qualify for the “No Exposure Conditional Exclusion”, and a permit is not required. More information is available on the Vermont State website here:

Llewellyn-Howley Incorporated is experienced in MSGP permitting and preparation of SWPPPs. Our staff has written dozens of SWPPPs in southern New England in the 1990s. We can assist you to make a “No Exposure” determination or assist you in permitting.

Call Trafton M. Crandall P. E. at Llewellyn-Howley Incorporated for more information at (802) 658-2100.

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LHINC Projects In Action

Stormwater outlet structure for a dry detention basin. The crushed stone in front of the concrete structure has perforated pipes wrapped in geotextile fabric to prevent silt clogging. There is an open weir between the riser structure and the top to control the flow during large storm events.

Supreme Court Decides to Punt on Stormwater

I've waited a little while to comment on the Supreme Court ruling issued last week. It's a bit of a bear to wade through, even if one has plodded through these things before.

All in all, there were a lot of procedural questions answered, and few answers to the real meat of the problem. The first part of the ruling had to do with applicability, and if the Water Resources Board correctly decided if the CLF could raise these issues in the first place. They ruled that they could. The next item was regarding whether the state-level permitting program was a substitute for the federal NPDES permit the CLF was aiming for. The court said no. Finally, instead of judging the merits of the ANR's arguements, they asked them to go back and further consider the arguments of the CLF.

Looks like this issue is not done yet. Surprise, surprise...

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Patiently Waiting for the New CGP to Be Issued...

We're getting close, apparently. My last conversation with the Stormwater Section indicated that we will see the issuance of the new CGP program in the very near future. The original comment was "Friday", and I was talking to them last week, but it's par for the course at this point.

The reason I am so anxious for a new permit program (one that, at first blush seems to tighten regulatory requirements, not loosen them), is because the new program is risk-based. The one-size-fits-all approach of the old CGP, which required the same materials even if the site just barely fit into the program, is gone. Now, you score the risks of your project (Is it in an impaired waterway? Does it have highly erodable soils? Is it on a steep slope?) and deduct risk-mitigation factors (keeping a wetland/stream buffer, limiting soil exposure to one week, limiting disturbance on steep or erodable soils). In the end, you tally your risks, subtract your mitigation factors, and then you have three levels of permitting:

Low Risk - An administrative permit which requires just the Notice of Intent (application form)

Moderate Risk - Requires the preparation of a site-specific Erosion Prevention and Sediment Control Plan (similar to the existing permit requirements today)

Individual Permit - Required if the risks are too high. Extra requirements like the background monitoring of sediment levels in the receiving stream are required.

To put this in perspective, a site that I have previously permitted required an individual permit (since it was in an impaired watershed). The next phase of work in the project is coming up, and using the new guidelines, it rates as a moderate risk site. Other sites that would have required moderate risk measures now are low risk.

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LHINC Projects In Action

Residential Construction Site

Stabilization of a swale with erosion control blankets and use of check dams for increased sedimentation.

Local Stormwater Regulations Are Enacted

More and more municipalities in Chittenden County are starting to get involved in stormwater issues. South Burlington led the charge with the incorporation of its stormwater utility. The Town of Williston has enacted its own regulations pertaining to construction-related erosion control.

Colchester has stepped up to the plate with its own regulations. Their approach is to use State standards for operational and construction-phase stormwater control, but implement their own standards for smaller projects. Erosion Prevention and Sediment Control plans are required for sites that disturb more than 10,000 square feet (0.23 acres), and controls for post-development runoff are required for sites with more than 1/2 acre (22,000 square feet) of impervious surface. Their approach is to use existing State standards, but apply them to these smaller sites. Inspection is a significant portion of their program as well, and they require viewing the site at important stages of construction (preconstruction, prior to stabilization, etc.)

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