Purpose of Stormwater Pollution Prevention Plans SWP 3

Purpose of Stormwater Pollution Prevention Plans (SWP 3 s) for Industries Richard Smith Resource Management Conference Tulsa Garden Center March 26, 2015

What Is An SWP 3? • Basically an operations manual or operating procedures document. • Required in all three stormwater permits in Oklahoma: • OKR 05 – Industrial Activities • OKR 10 – Construction Activities • OKR 04 – Small Municipal Separate Storm Sewer Systems (SMS 4 s) • Each permit has specific instructions for SWP 3 contents and uses. 2

How SWP 3 Is Referenced in OKR 05 • Part IV in OKR 05 defines the contents of the SWP 3. • There are numerous references within the rest of OKR 05 to using the SWP 3. • Most require that permit actions be documented in the SWP 3. • Others refer to taking actions in accordance with the SWP 3. • This presentation will focus on the most important SWP 3 requirements in OKR 05. 3

Part I: Background • 1. 2. 5. 7. B. b – Any applicable requirements from an approved TMDL must be in your SWP 3. • 1. 2. 6. 3 – SWP 3 must be submitted to ODEQ when filing the NOI if the facility is within a sensitive watershed or ORW (see Exhibit 1). • 1. 3. 3. 2 – You must continually update and implement your SWP 3 and BMPs. Thoroughly understand acronyms and terms, such as NOI, NOT, TMDL, ORW, BMPs, NELM, etc. 4

Part III: Special Conditions • 3. 1 – Hazardous Substances or Oil: Must address prevention or minimizing releases of Hazardous Substances or Oil. • 3. 1. 2 – Must modify your SWP 3 within 14 calendar days of knowledge of a release of Hazardous Substances or Oil. • 3. 1. 2 – Must review the SWP 3 and identify measures to prevent reoccurrences, and modify the SWP 3 where appropriate. • 3. 3 – If you have a discharge that causes or has the reasonable potential to cause a violation of water quality standards, you must document your actions in the SWP 3 that you will take to ensure no further discharges will occur. 5

Part V: Monitoring Requirements • 5. 1 – Quarterly Visual Monitoring: • 5. 1. 3 – You must maintain your quarterly visual examination reports on site with the SWP 3. • 5. 1. 4 – Any monitoring waiver certifications must be maintained with the SWP 3. • 5. 2. 4. 2 – For NELM sampling, you must document in the SWP 3 why it was not possible to collect a stormwater runoff sample within the required first 30 minutes of discharge. 6

Part VI: Reporting • 6. 1 – Reporting Results of … NELM • 6. 1. 2 – Visual monitoring results of NELM must be retained with the SWP 3. Only submit results to ODEQ if requested. 7

Part VII: Retention of Records • 7. 1 – Documents • 7. 1. 2 – You must retain your SWP 3 until 3 years after the last modifications or amendments to the plan, and at least 3 years after termination of permit coverage. • 7. 2 – Accessibility During the life of permit coverage, you must retain the SWP 3 at the facility or other local location accessible to ODEQ. 8

Part VIII: Standard Permit Conditions • 8. 7 – Signatory Requirements (including for SWP 3 s). • 8. 7. 1 – Signing NOIs and NOTs (applies also to signing SWP 3 s). • 8. 7. 1. 1 – For a corporation: by a responsible corporate officer. • 8. 7. 1. 2 – For a partnership or sole proprietorship: by a general partner or the proprietor. • 8. 7. 1. 3 – For a municipality or…agency: by either a principal executive officer or ranking elected official. • 8. 7. 2 – Sign All Required Reports Must be signed by a person described in 8. 7. 1 or by a duly authorized representative. 9

Exhibit 1: Endangered Species • B: Procedures [to ensure protection of endangered species] • B. Step 2. 1 – If facility is within sensitive waters and watersheds, you must incorporate the following measures into the SWP 3: • B. Step 2. 1. a – Pollutants must be captured, treated and disposed of and properly managed to minimize or eliminate stormwater contact. • B. Step 2. 1. b – If you must do NELM, you must include in the SWP 3 steps to prevent the removed pollutants from entering a stormwater stream. 10

Exhibit 1: Endangered Species (cont. ) • B. Step 2. 1. c – You must have a schedule of inspection practices in your SWP 3 that will ensure that control measures work. • B. Step 2. 1. c – Monthly inspections must be conducted for areas of the facility with “significant activity”. • B. Step 2. 1. d – The SWP 3 must address the storage of hazardous materials and production waste products to minimize stormwater contact. • B. Step 2. 1. d – The SWP 3 must include an Emergency Response Plan to address the handling of accidental spills or leaks. 11

Part 12: Sector Specific Requirements • Part 12 addresses special requirements that apply uniquely to each of the 29 Sectors. • Each of the 29 Sectors in Part 12 refers to SWP 3 requirements. • These are too numerous and diverse to include in this presentation. • Please refer to your particular Sector in Part 12 for its unique SWP 3 requirements. 12

Part IV: Storm Water SWP 3 s • 4. 1 – [SWP 3] Requirements: • Must be prepared before submitting the NOI. • Must use “Good Engineering Practices”. • Registered PE is only required to prepare SWP 3 for those parts “involving the practice of engineering. ” • 4. 1. 1 – Must identify all sources of pollution that may reasonably be expected to affect discharge quality. • 4. 1. 2 – Describe procedures and devices to be used to reduce pollutants in discharges. 13

Part 4. 2: Contents of SWP 3 • 4. 2. 1 – Pollution Prevention Team: Team • Must identify names or titles of members. • Must help management develop and revise the SWP 3. • Must help maintain control measures. • Must help take corrective actions. • 4. 2. 2 – Site Description: Description • Describe facility’s industrial activities. • Location map of facility, receiving waters, etc. • Site map with BMPs, stormwater system, etc. 14

Part 4. 2: Contents of SWP 3 • 4. 2. 3 – Receiving Waters and Wetlands: Wetlands • Name the nearest receiving streams, sloughs, and arroyos. • Describe wetlands and other “special aquatic sites” that may receive discharges from facility. • 4. 2. 4 – Summary of Potential Pollution Sources: Sources • Document areas where industrial materials or activities are exposed to stormwater. • 4. 2. 4 includes examples of types of activities and pollutants. 15

Part 4. 2: Contents of SWP 3 • 4. 2. 5 – Spills and Leaks: Leaks • Identify areas where potential spills and leaks could have occurred from 3 years prior to NOI submittal. • Document all significant spills and leaks that did occur from 3 years prior to NOI submittal. • Update the documentation of current spills and leaks that occur during permit coverage. • 4. 2. 5 includes examples of significant spills and leaks. 16

Part 4. 2: Contents of SWP 3 • 4. 2. 6 – Sampling Data: Data • Summarize existing stormwater discharge sampling data. • Summarize new data collected during permit. • SWP 3 must contain procedures for conducting analytical monitoring. • 4. 2. 7 – Stormwater Controls: Controls • Describe existing and proposed structural and nonstructural BMPs. • Each source area identified in Part 4. 2. 4 should have BMP(s). 17

Part 4. 2: Contents of SWP 3 • 4. 2. 8 – BMP Types To Be Considered: Considered • Describe BMP types and their implementation processes. • Use those listed in Part 4. 2. 8 or explain why they are not appropriate. • Describe any BMPs you use that are not listed in Part 4. 2. 8 has 3 pages of lists of BMPs, each with detailed SWP 3 requirements for BMP implementation. 18

Part 4. 2: Contents of SWP 3 • 4. 2. 8. 1 – Non-Structural BMPs: BMPs A. Good housekeeping. B. Minimizing exposure. C. Preventative maintenance. D. Spill prevention and response procedures (consistent with RCRA 40 CFR Parts 264 and 265). E. Routine facility inspections. F. Employee training. 19

Part 4. 2: Contents of SWP 3 • 4. 2. 8. 2 –Structural BMPs: BMPs A. Sediment and erosion control. B. Management of runoff. C. Lists examples of structural BMPs. 20

Part 4. 2: Contents of SWP 3 • 4. 2. 9 – Other Controls: Controls • Covers waste, debris, vehicle tracking, dust, velocity dissipation, salt piles, etc. • 4. 2. 10 – Maintenance: Maintenance • Must maintain all BMPs cited in the SWP 3. • Specifies conditions under which BMP maintenance is required. • Must provide adequate supplies and employee training. 21

Part 4. 2: Contents of SWP 3 • 4. 2. 11 – Allowable Non-Storm Water Discharges: Discharges 1. Certain non-stormwater sources are authorized. Must document your evaluation of each source. 2. Must identify all sources of allowable discharges. 3. For fire fighting discharges, must evaluate potential release of pollutants from the scene and pollutant reduction measures. 4. If cooling tower mist is allowed, must assess potential of discharge to be contaminated. 22

Part 4. 2: Contents of SWP 3 • 4. 2. 12 – Certification of Non-Storm Water Discharges: Discharges 1. Must have a signed certification that you have evaluated all non-stormwater discharges. 2. You do not need to re-certify if you have a current certification that is still accurate and complete. 3. If you were not able to complete your evaluations at the time of NOI submittal, you have 180 days to notify ODEQ of the reasons for failure to certify. 23

Part 4. 2: Contents of SWP 3 • 4. 2. 13 – Certification of SWP 3: SWP 3 The following statement must be included in the signed certification: “I certify under penalty of law that I have read and understand the requirement for this Storm Water Pollution Prevention Plan. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. ” 24

Part 4. 2: Contents of SWP 3 • 4. 2. 14 – Documentation of Permit Eligibility [for] TMDL: TMDL 1. For TMDLs established prior to NOI submittal. . . 2. For TMDLs approved after NOI submittal… For both of these situations, you must meet the TMDL requirements including any Wasteload Allocation (WLA) or Load Allocation (LA) in the TMDL. You must put these requirements in your SWP 3. 25

Part 4. 2: Contents of SWP 3 • 4. 2. 15 – Document… Eligibility [for] Endangered Species: Species SWP 3 must document your eligibility determination from Part 1. 2. 6 including: 1. Information on proximity of endangered species and critical habitat to your facility. 2. Examine Exhibit 1 map to see if your facility is within a sensitive watershed or area. 3. Record results of your Exhibit 1 determination. 4. Describe your measures to protect species and critical habitat. 26

Part 4. 2: Contents of SWP 3 • 4. 2. 16 – Copy of Permit Requirements: Requirements 1. Include in your SWP 3: • Copy of OKR 05; • Copy of your Sector requirements from OKR 05; • Authorization to discharge from ODEQ. 27

Part 4. 2: Contents of SWP 3 • 4. 2. 17 – Comprehensive Site Compliance Evaluation: Evaluation 1. Must conduct an annual CSCE and file an annual report to ODEQ. 2. Part 4. 2. 17 contains 2½ pages of details about the CSCE, including inspector qualifications, inspection methods, corrective actions, etc. 28

Remaining Part 4 Requirements • 4. 3 – Applicable State or Local Plans: Plans • SWP 3 must be consistent with other applicable regulations. • 4. 4 – Maintaining Updated SWP 3: SWP 3 • 4. 4. 1 – Change In Your Physical Operation: must amend the SWP 3 for any changes that significantly affect stormwater discharges. • 4. 4. 2 – Maintaining Your SWP 3: must amend SWP 3 when an investigation shows SWP 3 is ineffective. 29

Remaining Part 4 Requirements • 4. 5 – Signature, Plan Review, Making Plans Available: Available • 4. 5. 1 – must sign the SWP 3 in accordance with Part 8. 7 and retain SWP 3 on site at the facility (see 8. 15). • 4. 5. 2 – Keep the SWP 3 on site or locally available for ODEQ and other parties. • 4. 5. 3 – if notified by ODEQ of any SWP 3 deficiencies, must make changes within 30 days of notification. • 4. 5. 4 – must make the SWP 3 available to the US Fish and Wildlife Service or Oklahoma Dept. of Wildlife Conservation upon request. 30