The Clear Choice
Issue 01-1 November 1992

To: All designers, developers, engineers, surveyors, architects, contractors, builders, and utilities involved in land development or land disturbing activity in Chattanooga.

Editor's Note: "THE CLEAR CHOICE" is the first in a series of periodic newsletters to explain the new Federally-mandated National Pollutant Discharge Elimination System (NPDES).

The ultimate purpose of this national Environmental Protection Agency (EPA) program is to eliminate polluting discharges in rivers and streams. To accomplish this, the program will have a significant impact in the form of physical and operational changes involving building or other land disturbing activities.

Each issue of "THE CLEAR CHOICE" will focus on one or more aspects of the NPDES regulations. Explaining this information section by section should provide greater comprehension of Best Management Practices (BMP) that will reduce pollutant discharges to the maximum extent practicable (MEP). For additional copies of an issue or for more information, contact Tom Scott , Director of Storm Water Management.

NPDES GENERAL PERMITS FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITY THAT ARE CLASSIFIED AS "ASSOCIATED WITH INDUSTRIAL ACTIVITY"

All construction activity nationwide of 5 acres or greater is required to obtain a general permit as defined in 40 CFR 122.26(b)(14), promulgated in the Federal Register, Volume 55, No. 222, on Friday, November 16, 1990.

Tennessee along with 40 other states are NPDES states and have been delegated general permit authority by USEPA to administer their own general permits. Non-delegated states and/or territories will use the EPA "Core" General Permit published in the Federal Register. These areas are: Alaska, Arizona, Florida, Idaho, Louisiana, New Hampshire, New Mexico, Oklahoma, Texas, Puerto Rico, Guam, American Samoa, Federal facilities and Indian lands in Colorado and Washington, and Federal facilities in Delaware.

The following summary is to give you a basic understanding of the Tennessee General NPDES Permit. For easy reference, the paragraphs are numbered to match the state document.

  1. The rule addresses discharges of storm water runoff from land disturbed by construction activity, including clearing, grading and excavation, except operations that result in the disturbance of less than five acres of total land area which are not part of a larger common plan of development or sale. This rule covers all areas of the State of Tennessee.
  2. Discharges authorized by this rule are permitted 15 days after the submission of the Notice of Intent (NOI).
  3. The developer shall submit the following information 15 days before construction is proposed to begin to request coverage under this rule.
    1. Name, mailing address, location of the construction activity.
    2. Name, mailing address, telephone number, ownership status (Federal, State, private, public, or other entity) of the developer responsible for the construction activity.
    3. An 8.5" by 11" map showing the construction site, 1-2 miles outside the site property, storm sewers and the receiving water. Maps of all receiving waters are available for view and/or copies at the Storm Water Management office, Room 225, City Hall. (We've moved since this issue.)
    4. Name of the waters receiving the discharge, such as City or State.
    5. A brief description of the project; estimated timetable, including date when the contractor will begin site disturbance; estimates of the number of acres of the site on which soil will be disturbed; statement that a site-specific erosion control plan has, or has not yet, been prepared for the project; and
    6. Reference (for example, by title, permit number, ordinance) to approved State or local sediment and erosion plans or storm water management plans and certification that all work will be done to provide compliance with such plans.
    7. The NOI shall be submitted to the following address:

        Storm Water Coordinator
        Division of Water Pollution Control
        150 Ninth Ave. North, 4th floor
        Tennessee Dept. of Environment and Conservation
        Nashville, TN 37243-1534

    8. Facilities that discharge storm water associated with construction activity through separate storm sewer systems (MS4s) (Chattanooga, Knoxville, Nashville/Davidson County and Memphis) shall submit a signed copy of the NOI to the operator of the MS4.
    9. Contractor of the developer, whose activities at the site may impact storm water discharges or controls, shall affirm, by signature of one who meets signatory requirements of the following statement:

      "I understand the terms and conditions of Rule 1200-4-10-.05 and that I, and my company, as the case may be, are responsible for and legally liable for complying with this and the applicable State and Federal laws. I understand that State and EPA or private actions may be taken against me if the terms and conditions of the Rule are not met."

    10. The developer shall certify that the named contractor has been retained to perform the described construction related services.
    11. The developer shall place and maintain on site, or at a nearby office of the contractor's, the signed statement and certification as in paragraph 3(i).
  4. The procedure to terminate coverage under this rule is:
    1. When construction activity is finished and stable perennial vegetation has been established on all remaining exposed soil, the developer shall notify the Division of these facts and request termination of coverage under this rule.
    2. Coverage under the rule terminates 20 days after receipt of notice, except where the Division may require by letter additional requirements.
  5. The construction activity must be covered by a written, site-specific storm water control plan to minimize erosion of soil and the discharge of other pollutants into the water of the State. The plan must be kept on site and be made available to the Division of Water Pollution Control inspector on request. The plan must contain the following information:
    1. A description of the nature of the construction activity, including a proposed timetable for activities;
    2. Estimates of the total area of the site and the areas to be disturbed;
    3. An estimate of the increase in impervious area after the construction is completed, and an estimate, along with supporting calculations, of the volume and rate of runoff associated with a one-inch storm;
    4. A description of any fill material to be used;
    5. A site map indicating, areas of soil disturbance, areas of cut and fill, existing and proposed contours, drainage patterns, areas used for storage of soils and wastes, locations of the outfalls, all structural controls, areas where vegetative practices are to be implemented, locations of impervious areas, wetlands and name of the receiving waters.
    6. The plan shall describe construction management techniques and sediment and erosion controls appropriate for activity, and set forth a schedule for implementing each such control. For example, the EPA "Core" permit requires where 10 acres are disturbed, that a sediment pond is constructed with a volume of 3,600 cubic feet of storage per acre disturbed. The Chattanooga ordinance, where 5 acres are disturbed, requires a sediment pond be constructed, with a volume of 1,800 cubic feet of storage per acre disturbed.
    7. The plan shall describe construction site planning and permanent measures that will minimize the discharge of pollutants via storm water discharges after construction operations have been finished.
    8. The discharge(s) shall implement the construction site storm water management control plan.
  6. Construction management techniques apply to all land disturbing work conducted under this rule as follows:
    1. Clearing and grubbing must be held to a minimum.
    2. Construction must be sequenced to minimize exposure time of cleared surface area.
    3. Construction must be staged. One area must be stabilized before another phase can be initiated.
    4. Functional erosion and sediment control measures must be in place before earth moving operations begin.
    5. All control measures shall be checked, and repaired as necessary, weekly in dry periods and within 24 hours after any rainfall of 0.5 inch within a 24 hour period. During prolonged rainfall, daily checking and repairing is necessary. The permittee shall maintain records of checks and repairs.
    6. A specific individual shall be designated to be responsible for erosion and sediment controls on each project site.
    7. There shall be no distinctly visible floating scum, oil or other matter contained in the storm water discharge.
    8. THE STORM WATER DISCHARGE MUST NOT CAUSE ANY OBJECTIONABLE COLOR CONTRAST IN THE RECEIVING WATERS.
  7. Reporting and record keeping shall be maintained of checks and repairs on site or at a nearby office.
    1. Records and information resulting from the monitoring activities required by this rule shall be retained for a minimum of three (3) years, or longer if requested by the Division of Water Pollution Control.
    2. Knowingly making any false statement on any report required by this rule may result in the imposition of criminal penalties. The Clean Water Act provides that any person who negligently or knowingly violates permit conditions or makes any false material statement, representation, or certification in any application, records, report, plan, or other document filed or required to be maintained under the Act, or who knowingly falsifies, tampers with, or renders inaccurate is subject to a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or both.
  8. General provisions of the rule allow authorized personnel to enter the discharger's premises to inspect the site, records, procedures, monitoring, monitoring equipment and may request copies of any documentation.

This summary is to give information on the general permit required for land disturbing activity, but does not substitute and/or diminish any and all requirements set out in the State of Tennessee's General Permit or the USEPA's "Core" General Permit.