A Regulatory Update Of Stormwater Requirements.Km


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A 2011 update of the Regulations in stormwater for local landowners and Municipalities in Kane and DuPage Counties.

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A Regulatory Update Of Stormwater Requirements.Km

  1. 1. Kelsey Musich, CPESCKane DuPage SWCD
  2. 2. Soil &Water Conservation District-102 Counties in Illinois & 98 SWCDs-22/50 States function under State Law After the Dust Bowl of the1930’s, Natural Resource Agencies such asUSDA-NRCS were formed. The first Soil and WaterConservation District was formed in 1938. InIllinois, they formed as a Partner forConservation (PFC) under the IL Departmentof Agriculture. Board of Directors consist of 5elected officials. SWCDs are locally organizedand operated units of government functioningunder Illinois law to promote theprotection, maintenance, improvement, andwise use of the Districts:Soil – Water - & Related Natural Resources
  3. 3. Programs
  4. 4. KDSWCD Programs include:• Technical Assistance: ▫ Agricultural Conservation  CPP (conservation practices)  CREP (conservation reserve/enhancement)  WDP (well sealing)  SSRP (Streambank stabilization) ▫ Urban Conservation  Regulatory Agencies (permit compliance)  The Construction Industry Youth soils training and classroom water• Education quality monitoring.  Adult Seminars:  Pond Shocking & Well Sealing Demonstrations  Watershed Planning  Youth/Classroom Programs:  Groundwater, Non-Point Source education, & Teacher trainings • Annual Sales Include: tree, fish, prairie plants, rain barrels, and water testing kits
  5. 5. 2011 SWCD/NRCS Staff Rand Briggs Tom Ryterske Elizabeth Hagen-Moeller Kelsey Musich Candice Jacobs Ken Towles Add In: Dolores Salak
  6. 6. 2011 Envirothon – Good luck at State!2010 Winner: St. Francis 2011 Winner: Wheaton North• A Natural Resource education • Teams hear a presentation from program organized by SWCDs a professional• Serves: • Then tested on: Cook, DuPage, Lake, Winneba ▫ Aquatics, Forestry, Soils, go, McHenry, Boone, DeKalb, Wildlife, and a current topic Kane, and Will ▫ Includes a lab portion• Schools register 5 students • State winners travel to the North who study resources material American Canon Envirothon competition where they have a chance to win $30,000 in• Teachers attend a natural scholarships and prizes resource training
  7. 7. LUOs
  8. 8. Natural Resource Inventory Reports • Requirement of State SWCD Act section 22.02a • An inventory of the resources on a parcel of land that is seeking zoning relief • Intended to generate discussions about CMAs as early as possible in the zoning process Single Family Estate Proposed
  9. 9. Land Use Opinions
  10. 10. Governmental Agreements – USACE 404 CWA permits
  11. 11. SESC - Partners ▫ Soil Erosion Sediment Control Program 1. Army Corps of Engineers –Chicago ICA 2. 5 Municipal Agreements – ▫ Aurora, North Aurora, Batavia, Gilberts, Elburn, and the City of Chicago OMP 3. IEPA Construction Inspection ProgramJust some of our faces since ICA…
  12. 12. ICA Chicago Army Corps• Typical Process:  Applicant applies for a 404 CWA permit  Submittal to SWCD  Plan Review (1 set plans, fee, application form)  Acceptance Letter (3 sets stamped plans, letter/email)  Site Inspections  New Non-Compliance SOP  Close out Inspection ICA Began in 1997
  13. 13. When is KDSWCD review required?
  14. 14. KDSWCD Review Depends on:1. Waiver status 2. the Project*Non-Waiver• Submit to DuPage Co for 404 ▫ But notify Corps *Complete -Waiver  Give location, # of impact  Co receives “Acknowledgement” letter • Submit to Corps for 404  Co reviews and permit is issued • SESC oversight: ▫ County Responsibility• SESC oversight: ▫ Community Responsibility ▫ County Responsibility ▫ KDSWCD submittal ▫ Community Responsibility
  15. 15. KDSWCD Review Depends on:1. Waiver status 2. the Project *DuPage Co is the Applicant *Partial-Waiver • 404 is issued by Corps • Depends on the project - can’t permit itself - Location and amount of impact • SESC Oversight: • If site has SMA: ▫ KDSWCD submittal required • 404 submittal to Corps for ▫ County Responsibility as well ▫ Bridges etc. ▫ When Village is applicant ▫ SMA Areas – open water wetland ▫ KDSWCD has SESC oversight • 404 submittal to County ▫ Private land ▫ Co and MS4 has SESC oversight Open Water Clause: All projects in OPEN WATER must submit to the Army Corps Bridge work, dredging etc.
  16. 16. Illinois Road Builders Association• Currently Chicago Army Corps and IDOT are creating a new Special Provision for In-Stream work.• This new Special Provision directs contractors to a set of standards for SESC measures for in- stream work.• They will give guidance for the selection of means and methods.• This will be adopted in IDOT – District 1 only
  17. 17. Governmental Agreements – IEPA NPDES Permits
  18. 18. IEPA Construction Inspection Program• Began as a Pilot program in 2004 ▫ Unique to Illinois ▫ 17 and counting SWCDs participating ▫ 32 SWCD staff are CPESC or CPESC-IT ▫ Kane/DuPage agreed to inspect 20% of NOIs ▫ Performing site inspections for compliance with ILR10 permit• CPESC ▫ Certified Professional in Erosion and Sediment Control
  19. 19. NPDES Permits - Overview• National Pollutant Discharge Elimination System  ILG84 – Mines & Quarries  ILR00 – Industrial Activity  ILR40 – Municipal Discharge (NOI each permit cycle)  ILR10 – General Construction (NOI each site > 1 acre)
  20. 20. Municipal Permits – ILR40• Municipal Separate Storm Sewer System• A Storm Sewer System Includes: ▫ Road-side ditches and detention ponds ▫ Curbs/gutters ▫ Storm sewer pipes• Large Responsibility ▫ Need to understand multiple permit requirements
  21. 21. MS4 – ILR40 permit • Be a copermittee with another regulated MS4 • Seek own permit but rely on another entity for a specific control measure
  22. 22. MS4 - ILR40 Permit• Create & Implement a Stormwater Management Plan (SWMP) ▫ Identify local concerns ▫ Reduce discharge of pollutants to the “maximum extent practicable” (MEP) ▫ Protect water quality at the local level ▫ Show commitments regarding Funding & Staffing ▫ NOI & Plan submitted March 2003, next round in 2008 ▫ Evaluate/Submit Annual Reports June• Implement BMPs to satisfy the 6 minimum control measures
  23. 23. 6 Minimum Control Measures • Public Education and Outreach • Public Participation and Involvement • Illicit Discharge Detection and Elimination • Construction Site Runoff Control • Post-Construction Runoff Control • Pollution Prevention/Good Housekeeping
  24. 24. MS4 or ILR40 Permit• 2003 IEPA issued Phase II MS4 General Permit• Expired in February 2008• February 2009 IEPA issued its revised ILR40• Permit will expire March 31, 2014• There are already entities planning sw activities for the next reporting cycle
  25. 25. IGIG – IL Green Infrastructure Grant• In response to the GI requirement in the ILR40 permit, IEPA created the IL G.I. Grant• MS4/CSO/Watershed Groups were to apply by Dec. 2010 – only $5 mil. for 1st round• 3 Categories of projects allowed: • CSO Rehab (29) • SW Retention/Infiltration (76) • G.I. Small Projects (51)• Overwhelming response! • 155 Total Applications • $50 million requested • Fox/DuPage 117 or 75%
  26. 26. The latest ILR40 permit added:• Education/Outreach ▫ MS4s should now incorporate materials about green infrastructure strategies, costs, and implementation guidance• Construction Site SW Runoff Control ▫ MS4 stormwater programs must include green infrastructure techniques where appropriate and practical• Post Construction Stormwater Management ▫ Development and re-development should be designed to reduce the discharge, volume, and velocity of stormwater
  27. 27. The latest ILR40 permit added: • Submit a Notice of Intent for municipal projects disturbing > 1 acre • MS4’s now have BOTH: ILR40 & ILR10 permit coverage • MS4’s are Required to oversee ILR10’s in the community…be aware of ILR10 permit requirements as of 2008
  28. 28. Bill pertaining to Stormwater…as of 4.18.11, the Bill had passed the House and picked up a sponsor in the Senate
  29. 29. Projects in TMDL Watersheds• If the impaired water is listed for suspendedsolids, turbidity and/or siltation, the SWPPPmust contain BMPs to limit these parameters.• The BMPs must be designed for a storm eventequal to or greater than a 25 year 24 hour storm event and meet the minimum requirements of the IL Urban Manual.
  30. 30. C& D Rule (Construction & Development) ELGs (Effluent Limitation Guidelines) • On Dec. 1, 2009, the USEPA published effluent limitation guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants from construction sites (CFR Part 450) • Opposition caused EPA to reconsider a 13 NTU standard
  31. 31. Effluent Limitations are on the way!• USEPA will require construction sites to meet: ▫ Technology-based standards for control of stormwater discharges ▫ Numeric Turbidity Standards (discharge limits) and/or BMPs ▫ NTU= Nephelometric Turbidity Unites• These would be required on large sites ▫ On August 1, 2011 all sites >20 acres would be required to comply ▫ On February 2, 2014 all sites >10 acres to comply• Sites would take samples throughout the day• The Ave measurement could not exceed 280• For storms larger than the 2yr 24hr, the turbidity limit does not apply that day
  32. 32. According to the ELGs…• 13 then 280 NTUs recanted – 60 day “stay”• Final Rule this May 30
  33. 33. USEPA says…States have 4 years to incorporatethese into their NPDES permits.This means we could seeConstruction Site ELGs in the nextpermit round.