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Northampton Police SWPPP Northampton Police Headquarters 29 Center Street Northampton, MA Storm Water Pollution Prevention Plan Prepared For: Barr & Barr, Inc. 32 Hampden Street Springfield, MA February 2009 Table of Contents Tighe&Bond i Executive Summary 1 Introduction 1.1 Regulatory Basis .......................................................................... 1-1 1.2 Plan Contents .............................................................................. 1-2 1.3 Project Location ........................................................................... 1-2 1.4 Project Description ....................................................................... 1-2 1.5 Wetlands Impact .......................................................................... 1-3 1.6 Receiving Waters /Post-Development Storm Water........................... 1-3 1.7 Endangered Species...................................................................... 1-3 1.8 TMDL Applicability ........................................................................ 1-3 2 Pollution Prevention Plan 2.1 Description of Construction Activities............................. .................. 2-1 2.2 Construction Sequence.................................................................. 2-1 2.3 Pollution Control Measures.................................................. ........... 2-2 2.3.1 Erosion and Sediment Control .............................................. 2-2 2.3.2 Control of Other Pollutants................................................... 2-2 2.3.3 Housekeeping Measures for Spill Prevention ........................... 2-4 2.4 Spill Response ............................................................................. 2-4 2.5 Listing of Materials ....................................................................... 2-5 2.6 Posting Requirements ................................................................... 2-6 3 Inspections and Maintenance 3.1 Inspection Requirements ............................................................... 3-1 3.2 Corrective Actions .............................................. .......................... 3-2 3.3 Maintenance Activities................................................................... 3-2 3.4 Monitoring Activities ............................................ ......................... 3-2 4 Documentation 4.1 Required Records ......................................................................... 4-1 4.2 Update Requirements............................... ..................................... 4-1 4.3 Reporting Requirements ................................................................ 4-2 4.4 Compliance Provisions.................................... ............................... 4-2 4.5 Termination of Permit ................................................................... 4-2 4.6 Required Signatures ......................................... ............................ 4-3 J:\N\N0655\SWPPP\SWPPP.doc Table of Contents Tighe&Bond ii Appendix A Construction General Permit Appendix B Site Locus & Civil Design Plans Appendix C Inspection and Operation Forms Appendix D Notice of Termination Appendix E SWPPP Certification Appendix F Referenced Documents • Notice of Intent • Authorization for Post Development Discharge • Asbestos and Lead Inspection by ECS • Specifications: Erosion Controls, Site Demolition, Asbestos Abatement & Lead Abatement Tighe&Bond Storm Water Pollution Prevention Plan 1-1 Section 1 Introduction 1.1 Regulatory Basis The Clean Water Act (CWA) amendments of 1987 required the United States Environmental Protection Agency (EPA) to publish regulations to monitor storm water discharges under the National Pollutant Discharge Elimination System (NPDES). On November 16, 1990, the EPA published storm water regulations (40 CFR Part 122) under “Phase I” of the EPA storm water program. These storm water regulations require industrial facilities discharging storm water to waters of the United States (i.e. rivers, streams, ponds, and wetlands) to apply for a storm water discharge permit for discharges associated with certain industrial activities. Storm water discharge associated with an industrial activity is defined as a discharge from any conveyance that is used for collecting storm water in an area directly related to manufacturing, processing, or raw material storage. Incorporated in this definition are construction activities that disturb at least five acres of land (40 CFR 122.26(b)(14)(x)). The CWA states that storm water discharges associated with industrial activity from a point source to waters of the United States are unlawful, unless authorized by a permit. This includes discharges through a Municipal Separate Storm Sewer System (MS4). The storm water regulations were further revised on December 8, 1999 under “Phase II” of the EPA storm water program to include small construction projects. Such projects are defined as those that disturb at least one acre of land but less than five acres of land. These requirements came into effect on March 10, 2003. Currently, in the Commonwealth of Massachusetts, District of Columbia, and in four (4) other states, the EPA has permit authority and administers the storm water program. The EPA administered program established the general permit for large construction activities on February 18, 1998 (63 FR 7858), known as a Construction General Permit (CGP). NPDES permits, including general permits, are generally effective for five year intervals. To apply for permit coverage under this program, each operator of a facility, as defined in Appendix A of the CGP, must submit a Notice of Intent (NOI) to the EPA. The current CGP was issued to Massachusetts in 2008. It becomes effective for a facility seven (7) days after the postmark of the submitted NOI and is effective until July 1, 2010. For filing instructions, please see section 2.2 of the CGP. Because EPA is also in the process of developing a national regulation, called an Effluent Limitations Guideline for the Construction and Development Industry, EPA has issued this 2008 CGP for only two years using largely the same terms and conditions as the 2003 CGP. Upon completion of the Effluent Guideline, EPA will develop and issue a new (and improved) CGP that incorporates the provisions of the Effluent Guideline as soon as possible and not later than July 2010. This permit is only available for new sites or previously unpermitted ongoing sites. Existing site Operators permitted under the 2003 CGP may continue to operate under the terms and conditions of the 2003 CGP and do not need to file a new NOI. Refer to Appendix A of this Plan for a copy of the current CGP. Section 1 Introduction Tighe&Bond Storm Water Pollution Prevention Plan 1-2 1.2 Plan Contents In accordance with Part 5 of the CGP, a Storm Water Pollution Prevention Plan (SWPPP) must be prepared and retained at the facility. The plan must identify potential sources of pollution from construction activities that may reasonably be expected to affect storm water quality and provide Best Management Practices (BMPs) for the control of these potential sources. This SWPPP was developed for the construction of Northampton Police Headquarters and adjacent parking deck located at 29 Center Street in Northampton, MA. Referenced documents within this narrative are considered inclusive to this SWPPP and are presented in Appendix F. These documents are as follows: • Notice of Intent, dated February 2009. • Authorization for post development storm water discharge, dated October 2008. • Asbestos and Lead Inspection by ECS, dated January 2009. • Specifications: Erosion Controls, Site Demolition, Asbestos Abatement, and Lead Abatement. 1.3 Project Location This project encompasses the construction of the Northampton Police Headquarters and associated infrastructure, and the edification of the adjacent parking deck following the demolition of the existing building. A site locus plan for this project is included in this SWPPP as Figure 1 in Appendix B. TABLE 1-1 Project Location Summary Project Address: 29 Center Street Northampton, MA 01060 Coordinates: Lat: 42°19’09.48” N Lon: 72°37’55.80” W Area of Disturbance: Approximately 1.3 acres Nearest Street: Center Street Street Location (with respect to the project) South 1.4 Project Description The proposed project involves the construction of a new police station and a parking deck adjacent to the proposed building. The construction process will occur in two phases to maintain the existing police headquarters functioning through out the construction process. Once the proposed building is finished and functional, the existing police station will be demolished and construction of the parking deck will commence. The ground disturbance for this project is estimated to be approximately 1.3 acres. The design plans are presented in Appendix B. Section 1 Introduction Tighe&Bond Storm Water Pollution Prevention Plan 1-3 1.5 Wetlands Impact No wetlands or 100-foot wetland buffer zones are located on this site. The project will incorporate temporary sediment control Best Management Practices (BMPs) including silt sacks, hay bales, and entrance protection pads. 1.6 Receiving Waters /Post-Development Storm Water The existing site drains into the storm water system of the City of Northampton. During construction of the proposed building, the final drainage system will be installed. A storm water discharge permit has already been issued by the city for the postdevelopment storm water. A copy of the City’s storm water permit can be found in Appendix F. 1.7 Endangered Species The Massachusetts Natural Heritage Atlas, 2008 Edition was reviewed to determine whether this project is located within a documented endangered species habitat. Following this review, it was determined that no federally listed species were located within the project area. 1.8 TMDL Applicability In accordance with Section 5.6 of the CGP, the SWPPP must include documentation supporting a determination of permit eligibility with regard to waters that have an EPAestablished or approved Total Maximum Daily Load (TMDL). The Proposed Massachusetts Year 2008 Integrated List of Waters and the EPA database on approved or established TMDL areas were reviewed to determine the status regarding construction discharges into established TMDL areas. Both lists included the Connecticut River. The Mill River is a tributary of the Connecticut River but no TMDL has been developed for the segment where Northampton discharges its storm water. This segment of the Mill River is denominated by the state as MA34-28. Tighe&Bond Storm Water Pollution Prevention Plan 2-1 Section 2 Pollution Prevention Plan 2.1 Description of Construction Activities The demolition of existing structures, construction of the new building and the improvements to the site involve the following principal components: • Installation of erosion controls for phase 1 area • Installation of temporary fences • Disconnection of existing utilities • Installation of temporary utilities for phase 1 • Installation of permanent utilities for phase 1 • Demolition of existing parking area and structures • Installation of permanent drainage structures for phase 1 • Installation of temporary drainage structures for phase 1 • Soil preparation and stabilization for phase 1 area • Construction of the proposed building • Demolition of the existing building and adjacent parking lot • Installation of erosion controls for phase 2 area • Soil preparation for phase 2 area • Installation of permanent utilities for phase 2 area • Construction of parking deck and appurtenances 2.2 Construction Sequence Construction activities for this project will be based on the Contractor’s preference for installation of components and may be affected by weather, availability and progress of subcontractors, and any other adjustments deemed necessary by the contractor to complete the job in a timely manner. In general, the work will be phased for the contract as follows: 1. Phase 1: Construction of proposed building 2. Phase 2: Demolition of existing building and construction of parking deck adjacent to proposed building Section 2 Pollution Prevention Plan Tighe&Bond Storm Water Pollution Prevention Plan 2-2 2.3 Pollution Control Measures 2.3.1 Erosion and Sediment Control Erosion and sediment control Best Management Practices (BMPs) will be maintained throughout the project in accordance with the specifications included in the Project Manual. Implementation of specific BMPs is summarized below: • Dust Control – Prevent dust from becoming a nuisance or hazard. Carefully monitor for fugitive dust. If noticed, control dust during the work on-site using water, calcium chloride and/or salt applied judiciously until the problem is controlled. All vehicles used to transport materials that could be a source of dust generation must be covered. • Stockpiling of Temporarily Stored Materials – Do not store material or equipment in any wetland or environmentally sensitive area. Stockpile sites shall be level, devoid of mature stands of natural vegetation, and removed from drainage facilities and features, wetlands, and stream corridors. Stockpiles must be surrounded by hay bales and siltation fences. • Temporary seeding and mulching – On areas that will remain disturbed but inactive for more than 14 days, provide fast germinating native seed as approved by the engineer and straw mulch crimped or tacked and anchored in place to prevent erosion. • Preservation of existing features not to be disturbed by construction activities – No trees, shrubs or turf shall be removed unless specified by the Engineer. Check the actual locations of water, sewer, gas, electric, cable, and telephone service connection lines to avoid potential interferences. • Hay bales and Silt Fence – Siltation fences need to be buried 6 inches into trench to prevent undermining by storm water run-off. Install hay bales by anchoring bales butted together to existing ground with at least 2 stakes per bale. Install the hay bales parallel and immediately adjacent to the siltation fence as shown on the drawings. Trapped sediment must be removed from silt fences before the deposit reaches 1/3 the height of the above ground fence height or lower based on manufacturer’s specifications. • Inlet Protection – Fit storm water catch basins located in existing paved areas with sediment trapping devices to minimize the transport of sediment through the subsurface storm water collection system. • Cleaning of New Catch Basins and Drain Manholes – Clean new manholes and catch basins of silt, debris and foreign matter of any kind, prior to final inspection. • Stabilized Construction Entrance -Stabilized construction entrances shall be used to reduce transport of sediment on tires of vehicles leaving the construction area. The site access surface shall be constructed with clean, washed, uniformly-graded stone over filter fabric. The stone pad shall be of sufficient length to remove sediment from exiting vehicles. If sediment is observed off-site, it is to be removed daily. 2.3.2 Control of Other Pollutants Control of other potential pollutants will be provided as follows: Section 2 Pollution Prevention Plan Tighe&Bond Storm Water Pollution Prevention Plan 2-3 1. Waste materials -Construction debris from the site will be disposed in a legal manner. No construction waste material will be buried on the site. All personnel will receive instructions regarding the correct procedure for waste disposal including litter. Notices describing these practices shall be posted in the construction office. 2. Hazardous waste -In the event that hazardous waste is encountered, all hazardous waste materials will be disposed of in the manner specified by local, state or federal regulation or by the manufacturer. 3. Sanitary waste -Portable sanitary units will be provided throughout the course of the project for use of Contractor’s employees. A licensed sanitary waste management contractor will regularly collect all sanitary waste from the portable units. 4. Off-site Tracking – Roads will be swept periodically in the area of activity to limit the extent of tracking. Stabilized construction entrances shall be used to the extent feasible to reduce sediments from tires on vehicles leaving the construction area. Trucks carrying loose materials (soil, gravel, stone, debris) entering or leaving the site shall be covered. 5. Non-Storm water Discharges – Some non-storm water discharges will occur at the site during the construction period. A description of these discharges and how they will be mitigated if necessary are as follows: • Dewatering discharges -Water pumped from the construction area during dewatering operations. Groundwater that surfaces from construction activities will be treated such that all discharged effluent meets the effluent limitations established by the regulations. After treatment the discharges will be directed to structural controls to prevent migration of fines from the existing soil during the dewatering operation. • Pavement wash waters – Water used during pavement sweeping/cleaning. These discharges will be directed to siltation basins, catch basins with sedimentation controls controls or vegetative buffer strips. • Dust Control – Water spray used during demolition and truck loading shall be sufficient to control dust but shall not be excessive. Such water spray will only be used during active dust generation and shall be stopped shortly after the dust generating activity has ceased. • Vehicle wash water -Only spot washing of vehicles and construction equipment, necessary for the safe and proper operation of such equipment shall be performed. Detergents may not be used for spot washing. Cleaning solvents may be used, as long as the solvent is dispensed using a wiper or hand-held airless sprayer and all of the solvent is collected using wipers or equivalent after application. • Storm water system flushing – Water used to flush debris and sediment in the constructed storm water system shall be clean. The discharge shall be monitored during flushing activities. If substantial sediment is observed from the system, flushing shall cease until proper sediment barriers can be erected at the outflow and the sediment can be captured and collected. • Uncontaminated air conditioning or compressor condensate – The volume of water generated from this source is near negligible and will likely infiltrate into underlying soils or evaporate to the atmosphere. • Hydrant tests for fire protection. Section 2 Pollution Prevention Plan Tighe&Bond Storm Water Pollution Prevention Plan 2-4 2.3.3 Housekeeping Measures for Spill Prevention The following good housekeeping practices shall be employed at the construction site to deter chemical spills from occurring. These measures are also described below: 1. Handling of Potential Pollutants 1.1 Storage -Materials stored on site will be stored in a neat, orderly manner in their appropriate containers in a covered area. If storage within a covered area is not possible, the materials shall be covered with polyethylene or polypropylene sheeting to protect them from the elements. 1.2 Labeling -Products will be stored in their original containers with the manufacturer's label affixed. 1.3Mixing -Substances will not be mixed with one another unless recommended by the manufacturer. 1.4Disposal -Whenever possible, all of a product will be used before disposal of the container. Manufacturers' recommendations for proper use and disposal will be followed. 2. Product-Specific Practices 2.1 Petroleum products -On-site vehicles will be monitored for leaks and will receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers that are clearly labeled. Asphalt substances used on site will be applied according to the manufacturer's recommendations. 2.2Concrete – Concrete trucks will not be allowed to wash out or discharge surplus concrete or drum wash water uncontrolled at the site. 2.3 Paints and Coatings -Containers will be tightly sealed and stored when not required for use. Excess paint/coatings will be properly disposed of according to manufacturers' instructions, state and local regulations. 2.4 Spill Response Spill response shall be implemented whenever a spill of oil or hazardous substances occurs. The objective of the spill response will be to protect human health and the environment by limiting the extent and/or toxicity of the spill. Spill responders shall be properly trained in accordance with the requirements under the Hazardous Waste Operations and Emergency Response regulations in 29 CFR 1910.120. 1. Responsibility -The Contractor shall designate their spill prevention and response team. Team members may be comprised of on-site personnel employed by the contractor or off-site contract personnel. Where off-site personnel are employed for spill response duties, the name and telephone number of the spill response organization shall be conspicuously posted. 2. Equipment -Materials and equipment necessary for spill cleanup will be present on the site at all times. Equipment and materials will include but not limited to brooms, shovels, rags, gloves, absorbent materials (sand, sawdust, etc.), and plastic or metal Section 2 Pollution Prevention Plan Tighe&Bond Storm Water Pollution Prevention Plan 2-5 trash containers. The materials and equipment necessary for spill cleanup will be dependent upon the nature and quantity of the material stored on site. 3. Response -Spills will be contained and the spilled materials will be removed immediately upon discovery. All available resources at the Contractor’s disposal will be used to control the limit and extent of any emergency spills and to protect the welfare of employees and the public in and around the spill area. Dewatering activities at or near the spill area shall cease until the spilled materials are collected. 4. Decontamination – Sufficient water will be provided and used to decontaminate personnel and spill control equipment following an emergency response. Decontamination wash water may not be discharged to the storm water distribution system. 5. Safety -Personnel will wear appropriate protective clothing to prevent injury from contact with hazardous substances. 6. Reporting 6.1 The owner or owner’s representative will be notified immediately of all spills. 6.2 Spills of oil or hazardous substances, in excess of the state reportable quantities listed in 310 CMR 40.1600 of the Massachusetts Contingency Plan shall be reported to the DEP at 888-304-1133 within two hours of discovery. 6.3 Spills of oil or hazardous substances, in excess of the Federal reportable quantities established in 40 CFR 110, 117 and 302, shall be reported to the National Response Center at 800-424-8802 immediately upon discovery. 6.4 Spills of oil which cause a sheen or emulsion in water (unless specifically authorized) shall be reported to the DEP and the National Response Center within the timeframes discussed in 6.2 and 6.3 above. 7. Recordkeeping -The spill prevention plan will be reviewed and modified, as appropriate, to include measures to prevent a spill from recurring as well as improved methods for cleaning up any future spills. A description of each spill, what caused it, and the cleanup measures used will be kept with the plan. 8. Incidental spills shall be collected immediately upon identification. The cause of the spill will be investigated and corrective measures will be implemented to ensure that further spills do not occur again (e.g., equipment hydraulic repair). 2.5 Listing of Materials The following is a general list of materials anticipated on site during construction activities. Any variation or addition to this list shall require an amendment to this list by indicating the change, dated and initialed by the responsible individual making the change. 1. Bituminous concrete 2. Portland cement concrete mix 3. Lumber 4. Aggregates 5. Calcium chloride (for dust control). 6. Diesel fuel and lubricating oils Section 2 Pollution Prevention Plan Tighe&Bond Storm Water Pollution Prevention Plan 2-6 7. Precast concrete structures 8. Bituminous dampproofing coatings 9. Ductile iron pipe 10.PVC and/or HDPE pipe and storage chambers 11. Granite curbing 12. Lawn seed mix, lime and fertilizer 13. Cleaning solvents 14. Detergents 2.6 Posting Requirements In accordance with Section 5.11.B of the CGP, a sign must be posted conspicuously near the main entrance to the site. The sign shall include a copy of the NOI as submitted to EPA and indicate the location of the SWPPP, and the name and telephone number of the Operator. Tighe&Bond Storm Water Pollution Prevention Plan 3-1 Section 3 Inspections and Maintenance 3.1 Inspection Requirements In accordance with Section 3.10 of the CGP, regular inspections of the storm water protection system must be performed. Details on the specific inspection procedures follow. 1. Frequency of Inspection 1.1 Regular Inspections -Inspections will be conducted by the Owner's representative(s) at least once every 7 calendar days 1.2 Reduced Frequency -Inspections of all but erosion control barriers may be reduced from weekly to monthly in whole areas that have been temporarily stabilized or where runoff is unlikely due to winter conditions. 1.3 Waiver of Inspections – A waiver of the inspection requirements is available until one month before thawing conditions are expected in an area where frozen conditions are anticipated to continue for extend periods of time (e.g., more than one month), land disturbance activities have been suspended and the beginning and ending dates of the suspension are documented in the SWPPP. 1.4 Reduction in Scope of Inspections for Stabilized Areas – Once final stabilization has occurred on a definable portion of the site and no erosion or sedimentation is observed on this portion of the site for a minimum of two inspections, and with the approval of the engineer, no further inspection requirements apply to that portion of the site. 2. Inspection Requirements -refer to Appendix C for referenced Inspection and Operation Forms 3. Form 1 – Weekly Inspection Report Stabilization measures -Disturbed areas and areas used for storage of materials that are exposed to precipitation will be inspected for evidence of, or the potential for, pollutants entering the storm water distribution system. After a portion of the site is permanently stabilized, inspections will continue at least once every month until project completion. Structural controls -Silt fences, hay bale barriers, inlet protection and all other structural BMPs identified in the plan will be inspected for proper positioning, anchoring, and effectiveness in trapping sediments. Sediment will be removed from the upstream side of the silt fences as deemed necessary. Discharge points or locations will be inspected to determine whether erosion control measures are effective in preventing significant amounts of pollutants from entering receiving waters. 4. Form 2 – Storm Water Pollution Prevention Plan Revisions If through inspections, the SWPPP is deemed inappropriate to control erosion and sediment transport, the SWPPP will be revised as necessary within 7 calendar days of this determination. Form 2 shall be used to document any recommendations to revise the SWPPP. Section 3 Inspections and Maintenance Tighe&Bond Storm Water Pollution Prevention Plan 3-2 5. Form 3 – Comments and Observations Form 3 shall be used to document any miscellaneous comments, observations, or actions relating to erosion and sediment controls. 3.2 Corrective Actions Any action required as a result of the inspections discussed in Section 3.1 of this SWPPP shall be performed as soon as practicable and prior to the next rainfall event. The recommended corrective action should be documented in the inspection log and verified as completed. Inspection logs shall be retained in accordance with the requirements under Section 4.1 of this SWPPP. 3.3 Maintenance Activities Erosion control measures shall be maintained in good working order at all times. Requirements for maintaining such systems are documented in Section 3.6 of the CGP and Section 2.3.1 of this document. 3.4 Monitoring Activities Effluent monitoring is not specifically indicated in the CGP; however Part 3 of the CGP in its entirety details details the effluent limitations that apply to all dischargers. Facilities in Massachusetts may be required to perform monitoring if it is necessary for the protection of public health or the environment, in accordance with the requirements in 314 CMR 3.00. Tighe&Bond Storm Water Pollution Prevention Plan 4-1 Section 4 Documentation 4.1 Required Records The following documents must be maintained at a designated location, in accordance with Part 7 of the CGP. 1. SWPPP – This SWPPP must be maintained at the designated location indicated in the posting discussed in Section 2.6 of this SWPPP. The SWPPP must be maintained for at least three years after the permit has expired or terminated. If the SWPPP has been maintained at the construction site, and construction activities have ceased, the SWPPP will be transferred to the Owner. The Owner has overall responsibility for ensuring retention of the SWPPP after the project has been completed. 2. NOI for coverage under the CGP -This record must be maintained for at least three years after the permit has expired or terminated. 3. CGP Coverage Notice -This record must be maintained for at least three years after the permit has expired or terminated. 4. Inspection Records – All inspection records must meet the requirements under Part 4 and Section 5.9 of the CGP. These records must be maintained for at least three years after the permit has expired or terminated. 5. Monitoring Records – If required, such records must be maintained for at least three years from the date when the sample was collected. Monitoring records include copies of all strip charts, chains of custody and laboratory reports. 6. Additional Documents – Any additional documents that directly support compliance with the CGP or the SWPPP must also be maintained for at least three years after the permit has expired or terminated. Such documents include: 6.1 As-built Drawings 6.2 Shop Drawings 6.3 Engineer authorization documents (e.g., removal of hay bales, etc.) 4.2 Update Requirements In accordance with the requirements in Section 5.10 of the CGP, the SWPPP shall be updated under the following conditions: • To reflect modifications to storm water control measures made in response to a change in design, construction, operation, or maintenance at the site that has or could have a significant effect on the discharge of pollutants to the waters of the US that has not previously been addressed in the SWPPP, • If during inspections or investigations on site it is determined that the existing storm water management controls are ineffective in eliminating or significantly minimizing pollutants in the storm water discharge from the site. • Inspections identify consistent failures in one or more storm water structural controls Section 4 Documentation Tighe&Bond Storm Water Pollution Prevention Plan 4-2 • As necessary to properly document additional or modified BMP’s to correct problems identified in an inspection. • An investigation following a spill of oil or hazardous substance requires additional controls to prevent spill recurrence • A Total Maximum Daily Load (of pollutants) has been established or modified for waterways impacted by storm water discharges from this project Modifications to the SWPPP as a result of inspections shall be made within seven (7) calendar days following the inspection. Form 2 – Revisions to the SWPPP in Appendix C, will be modified to indicate the changes made to the SWPPP and the reason for the changes. 4.3 Reporting Requirements In accordance with the CGP (Appendix G, Section 12), the following conditions must be reported to EPA: • Any planned changes to the project that may result in non-compliance with permit requirements • Changes in ownership, as the CGP and this SWPPP are non-transferable The following conditions must also be reported to EPA within 24 hours of becoming aware of the occurrence: • Any non-compliance, which may endanger health or the environment • Any unanticipated bypass of a storm water treatment system or upsets to the system that are likely to result in significant discharge of pollutants 4.4 Compliance Provisions In addition to the requirements under this SWPPP, the following state regulations must be followed to ensure compliance with the CGP: • Massachusetts Clean Waters Act (Ch 21, SS 23-56) • Surface water quality standards (314 CMR 4.00) • Surface water discharge permit program (314 CMR 3.00) • The Wetlands Protection Act (Ch. 131 SS 40 and 310 CMR 10.00) • Massachusetts Storm Water Management Policy • Massachusetts Endangered Species Act (MGL Ch. 313A, 321 CMR 10.00) 4.5 Termination of Permit The CGP and the corresponding SWPPP will be considered terminated for this project under the following conditions: • The CGP has expired, or • A Notice of Termination (NOT) of CGP permit coverage is submitted to EPA EPA may choose to extend the term of an expired CGP in accordance with the requirements under the Administrative Procedure Act and Section 2.5 of the CGP. A NOT should be submitted only after the project has been completed and the facility has ceased discharge to waters of the United States related to the construction project. A copy of the NOT is provided in Appendix D. Section 4 Documentation Tighe&Bond Storm Water Pollution Prevention Plan 4-3 4.6 Required Signatures In accordance with Section 5.11.D of the CGP, all SWPPPs must be signed and certified by a responsible corporate officer, the owner or a duly authorized representative of the owner. The required certification appears in Appendix E. This SWPPP is not in effect unless properly certified. In addition, all required documents to be submitted to EPA under this SWPPP, including monitoring reports, if required, must contain the following language. “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.” J:\N\N0655\SWPPP\SWPPP.doc NPDES General Permit for Stormwater Discharges From Construction Activities Table of Contents PART 1: COVERAGE UNDER THIS PERMIT .......................................................... 2 1.1 Introduction..........................................................................................................2 1.2 Permit Area ......................................................... ................................................. 2 1.3 Eligibility ............................................................................................................. 2 1.4 Waivers for Certain Small Construction Activities ............................................. 6 PART 2: AUTHORIZATION FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITY........................ ............................................................... 6 2.1 How to Obtain Authorization............................................................................... 6 2.2 How to Submit Your NOI.................................................................................... 7 2.3 Authorization to Discharge Date ...................................................... ................... 7 2.4 Submission Deadlines.......................................................................................... 7 2.5 Continuation of the Expired General Permit ....................................................... 8 2.6 Requiring Coverage Under an Individual Permit or an Alternative General Permit........................................................... ........................................................ 8 PART 3: EFFLUENT LIMITS........................................................................................ 9 3.1 Effluent Limits to Reduce Pollutants in Stormwater Discharges ........................ 9 3.2 Effluent Limits to Reduce Pollutants in Non-Stormwater Discharges .............. 12 3.3 Effluent Limits Related to Endangered Species ................................................ 12 3.4 Attainment of Water Quality Standards............................................................. 12 3.5 Consistency with Total Maximum Daily Loads ................................................ 12 3.6 Maintenance of Control Measures ............................................................. ........ 13 3.7 Training of Employees....................................................................................... 13 3.8 Applicable State, Tribal, or Local Programs ....................... .............................. 13 PART 4: INSPECTIONS ............................................................................................... 13 PART 5: STORMWATER POLLUTION PREVETNION PLANS (SWPPPs)...... 15 5.1 Stormwater Pollution Prevention Plan Framework ........................................... 15 5.2 SWPPP Contents: Site and Activity Description................. .............................. 16 5.3 Description of Control Measures to Reduce Pollutant Discharges.................... 16 5.4 Non-Stormwater Discharges.............................................. ................................ 17 5.5 Documentation of Permit Eligibility Related to Endangered Species ............... 17 5.6 Documentation of Permit Eligibility Related to Total Maximum Daily Loads. 18 5.7 Copy of Permit Requirements............................................................................ 18 5.8 Applicable State, Tribal, or Local Programs ..................................................... 18 5.9 Inspections ......................................................................................................... 18 5.10 Maintaining an Updated Plan............................................................................. 18 5.11 Signature, Plan Review and Making Plans Available ............................... ........ 19 5.12 Requirements for Different Types of Operators ................................................ 20 PART 6: TERMINATION OF COVERAGE..................................................... ......... 21 6.1 Submitting a Notice of Termination .................................................................. 21 6.2 When to Submit a Notice of Termination................................... ....................... 21 PART 7: RETENTION OF RECORDS ....................................................................... 21 Small and Large Construction Activities i As modified effective January 8, 2009 Small and Large Construction Activities ii PART 8: REOPENER CLAUSE................................................................................... 21 8.1 Procedures for Modification or Revocation....................................................... 21 8.2 Water Quality Protection ................................................................................... 22 8.3 Timing of Permit Modification.......................................................................... 22 PART 9: STANDARD PERMIT CONDITIONS .................................................. ...... 22 PART 10: PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY, OR TERRITORIES.................................................................. 22 Appendix A -Definitions and Acronyms .................................................................... A-1 Appendix B -Permit Areas Eligible for Coverage ...................................................... B-1 Appendix C -Endangered Species Act Review Procedures........................................ C-1 Appendix D -Small Construction Waivers and Instructions....................................... D-1 Appendix E -Notice of Intent Form and Instructions ..................................................E-1 Appendix F -Notice of Termination Form and Instructions .................................. ......F-1 Appendix G -Standard Permit Conditions .................................................................. G-1 General Permit National Pollutant Discharge Elimination System General Permit for Discharges from Large and Small Construction Activities In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq., (hereafter CWA or the Act), as amended by the Water Quality Act of 1987, P.L. 100-4, operators of large and small construction activities that are described in Part 1.3 of this National Pollutant Discharge Elimination System (NPDES) general permit, except for those activities excluded from authorization of discharge in Part 1.3.C of this permit are authorized to discharge pollutants to waters of the United States in accordance with the conditions and requirements set forth herein. Permit coverage is required from the “commencement of construction activities” until “final stabilization” as defined in Appendix A. This permit shall become effective on June 30, 2008. This permit and the authorization to discharge shall expire at midnight, June 30, 2010. Signed: Stephen S. Perkins, Director, Office of Ecosystem Protection EPA Region 1 Barbara Finazzo, Director, Division of Environmental Planning and Protection EPA Region 2 Carl-Axel P. Soderberg, Division Director, Caribbean Environmental Protection Division EPA Region 2 Jon M. Capacasa, Director, Water Protection Division EPA Region 3 Tinka Hyde, Director, Water Division EPA Region 5 Miguel I. Flores, Director, Water Quality Protection Division EPA Region 6 William A. Spratlin, Director, Water, Wetlands and Pesticides Division EPA Region 7 Stephen S. Tuber, Assistant Regional Administrator, Office of Partnerships & Regulatory Assistance EPA Region 8 Alexis Strauss, Director, Water Division EPA Region 9 Michael Gearheard, Director, Office of Water and Watersheds EPA Region 10 The signatures are for the permit conditions in Parts 1 through 10 and Appendices A through G, and for any additional conditions which apply to facilities located in the corresponding state, Indian country, or other area. Small and Large Construction Activities 1 General Permit PART 1: COVERAGE UNDER THIS PERMIT 1.1 Introduction This Construction General Permit (CGP) authorizes stormwater discharges from large and small construction activities that result in a total land disturbance of equal to or greater than one acre, where those discharges enter surface waters of the United States or a municipal separate storm sewer system (MS4) leading to surface waters of the United States subject to the conditions set forth in this permit. This permit also authorizes stormwater discharges from any other construction activity designated by EPA where EPA makes that designation based on the potential for contribution to an excursion of a water quality standard or for significant contribution of pollutants to waters of the United States. This permit replaces the permit issued in 2003 (68 FR 39087, July 1, 2003), including the modification made to that permit in 2004 (69 FR 76743, December 22, 2004). This permit is presented in a reader-friendly, plain language format. This permit uses the terms “you” and “your” to identify the person(s) who owns or operates a “facility” or “activity” as defined in Appendix A and who must comply with the conditions of this permit. This format should allow you, the permittee and operator of a large or small construction activity, to easily locate and understand applicable requirements. The goal of this permit is to minimize the discharge of stormwater pollutants from construction activity. 1.2 Permit Area If your large or small construction activity is located within the areas listed in Appendix B, you may be eligible to obtain coverage under this permit. Permit coverage is actually provided by legally separate and distinctly numbered permits covering each of the areas listed in Appendix B. 1.3 Eligibility Permit eligibility is limited to discharges from “large” and “small” construction activity, and to “new projects” and “unpermitted ongoing projects,” as defined in Appendix A or as otherwise designated by EPA. This general permit contains eligibility eligibility restrictions, as well as permit conditions and requirements. You may have to take certain actions to be eligible for coverage under this permit. In such cases, you must continue to satisfy those eligibility provisions to maintain permit authorization. If you do not meet the requirements that are a pre-condition to eligibility, then resulting discharges constitute unpermitted discharges. By contrast, if you eligible for coverage under this permit and do not comply with the requirements of the general permit, you may be in violation of the general permit for your otherwise eligible discharges. A. Allowable Stormwater Discharges Subject to compliance with the terms and conditions of this permit, you are authorized to discharge pollutants in: Small and Large Construction Activities 2 General Permit 1. Stormwater discharges associated with large and small construction activity from “new projects” and “unpermitted ongoing projects” as defined in Appendix A; 2. Stormwater discharges designated by EPA as needing a stormwater permit under 40 CFR §122.26(a)(1)(v) or §122.26(b)(15)(ii); 3. Discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) provided: a. The support activity is directly related to the construction site required to have NPDES permit coverage for discharges of stormwater associated with construction activity; b. The support activity is not a commercial operation serving multiple unrelated construction projects by different operators, and does not operate beyond the completion of the construction activity at the last construction project it supports; and c. Pollutant discharges from support activity areas are minimized in compliance with Part 3.1.G; and 4. Discharges composed of allowable discharges listed in 1.3.A and 1.3.B commingled with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization. B. Allowable Non-Stormwater Discharges You are authorized for the following non-stormwater discharges, provided the nonstormwater component of the discharge is in compliance with Part 5.4 (Non-Stormwater Discharges): 1. Discharges from fire-fighting activities; 2. Fire hydrant flushings; 3. Waters used to wash vehicles where detergents are not used; 4. Water used to control dust in accordance with Part 3.1.B; 5. Potable water including uncontaminated water line flushings; 6. Routine external building wash down that does not use detergents; 7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; 8. Uncontaminated air conditioning or compressor condensate; 9. Uncontaminated ground water or spring water; 10. Foundation or footing drains where flows are not contaminated with process materials such as solvents; 11. Uncontaminated excavation dewatering; 12. Landscape irrigation. C. Limitations on Coverage 1. This permit does not authorize post-construction discharges that originate from the site after construction activities have been completed and the site has achieved final stabilization, including any temporary support activity. Post-construction Small and Large Construction Activities 3 General Permit stormwater discharges from industrial sites may need to be covered by a separate NPDES permit. 2. This permit does not authorize discharges mixed with non-stormwater. This exclusion does not apply to discharges identified in Part 1.3.B, provided the discharges are in compliance with Part 5.4 (Non-Stormwater Discharges). 3. This permit does not authorize stormwater discharges associated with construction activity that have been covered under an individual permit or required to obtain coverage under an alternative general permit in accordance with Part 2.6. 4. This permit does not authorize discharges that EPA, prior to authorization under this permit, determines will cause, have the reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. Where such a determination is made prior to authorization, EPA may notify you that an individual permit application is necessary in accordance with Part 2.6. However, EPA may authorize your coverage under this permit after you have included appropriate controls and implementation procedures in your permit designed to bring your discharge into compliance with water quality standards. 5. Discharging into Receiving Waters With an Approved or Established Total Maximum Daily Load Analysis a. You are not eligible for coverage under this permit for discharges of pollutants of concern to waters for which there is a total maximum daily load (TMDL) established or approved by EPA unless implement measures or controls that are consistent with the assumptions and requirements of such TMDL. To be eligible for coverage under this general permit, you must implement conditions applicable to your discharges necessary for consistency with the assumptions and requirements of such TMDL. If a specific wasteload allocation has been established that would apply to your discharge, you must implement necessary steps to meet that allocation. b. In a situation where an EPA-approved or established TMDL has specified a general wasteload allocation applicable to construction stormwater discharges, but no specific requirements for construction sites have been identified in the TMDL, you should consult with the State or Federal TMDL authority to confirm that meeting the effluent limits in Part 3 of this permit will be consistent with the approved TMDL. Where an EPA-approved or established TMDL has not specified a wasteload allocation applicable to construction stormwater discharges, but has not specifically excluded these discharges, compliance with the effluent limits in Part 3 of this permit will generally be assumed to be consistent with the approved TMDL. If the EPA-approved or established TMDL specifically precludes such discharges, the operator is not eligible for coverage under the CGP. 6. Endangered and Threatened Species and Critical Habitat Protection a. Coverage under this permit is available only if your stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities, as defined in Appendix A, are not likely to jeopardize the continued existence of any species that are federally-listed as endangered or threatened (“listed”) under the Endangered Species Act (ESA) or result in the adverse Small and Large Construction Activities 4 General Permit modification or destruction of habitat that is federally-designated as critical under the ESA (“critical habitat”). b. You are not eligible to discharge if the stormwater discharges, allowable nonstormwater discharges, or stormwater discharge-related activities would cause a prohibited “take” of federally-listed endangered or threatened species (as defined under section 3 of the ESA and 50 CFR 17.3), unless such takes are authorized under sections 7 or 10 of the ESA. c. Determining Eligibility: You must use the process in Appendix C (ESA Review Procedures) to determine eligibility PRIOR to submittal of the Notice of Intent (NOI). You must meet one or more of the following six criteria (AF) for the entire term of coverage under the permit: Criterion A. No federally-listed threatened or endangered species or their designated critical habitat are in the project area as defined in Appendix C; or Criterion B. Formal consultation with the Fish and Wildlife Service and/or the National Marine Fisheries Service under section 7 of the ESA has been concluded and that consultation: i. Addressed the effects of the project’s stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat, and ii. The consultation resulted in either: a. Biological opinion finding no jeopardy to federally-listed species or destruction/adverse modification of federallydesignated critical habitat, or b. Written concurrence from the Service(s) with a finding that the stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities are not likely to adversely affect federally-listed species or federally-designated critical habitat; or Criterion C. Informal consultation with the Fish and Wildlife Service and/or the National Marine Fisheries Service under section 7 of the ESA has been concluded and that consultation: i. Addressed the effects of the project’s stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat, and ii. The consultation resulted in either: a. Biological opinion finding no jeopardy to federally-listed species or destruction/adverse modification of federallydesignated critical habitat, or b. Written concurrence from the Service(s) with a finding that the stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities are Small and Large Construction Activities 5 General Permit not likely to adversely affect federally-listed species or federally-designated critical habitat; or Criterion D. The construction activities are authorized through the issuance of a permit under section 10 of the ESA, and that authorization addresses the effects of the stormwater discharges, allowable nonstormwater discharges, and stormwater discharge-related activities on federally-listed species and federally-designated critical habitat; or Criterion E. Stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities are not likely to adversely affect any federally-listed threatened or endangered species or result in the destruction or adverse modification of federallydesignated critical habitat; or Criterion F. The project’s stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities were already addressed in another operator’s valid certification of eligibility under Criteria A-E which included your construction activities and there is no reason to believe that federally-listed species or federally-designated critical habitat not considered in the prior certification may be present or located in the project area. By certifying eligibility under this criterion, you agree to comply with any measures or controls upon which the other operator's certification was based. You must comply with any applicable terms, conditions, or other requirements developed in the process of meeting the eligibility requirements of the criteria in this section to remain eligible for coverage under this permit. 7. Historic Properties [Reserved] You are reminded that you must comply with applicable state, tribal and local laws concerning the protection of historic properties and places. 1.4 Waivers for Certain Small Construction Activities Three scenarios exist under which small construction activities (see definition in Appendix A) may be waived from the NPDES permitting requirements detailed in this general permit. These exemptions are predicated on certain criteria being met and proper notification procedures being followed. Details of the waiver options and procedures for requesting a waiver are provided in Appendix D. PART 2: AUTHORIZATION FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITY 2.1 How to Obtain Authorization To obtain coverage under this general permit, you, the operator, must prepare and submit a complete and accurate Notice of Intent (NOI), as described in this Part. Discharges are not authorized if your NOI is incomplete or inaccurate or if you were never eligible for permit coverage. Small and Large Construction Activities 6 General Permit Small and Large Construction Activities 7 2.2 How to Submit Your NOI You must either use EPA’s electronic NOI system (accessible at www.epa.gov/npdes/eNOI or use a paper form (included in Appendix E) and then submit that paper form to: For Regular U.S. Mail Delivery: EPA Stormwater Notice Processing Center Mail Code 4203M U.S. EPA 1200 Pennsylvania Avenue, NW Washington, DC 20460 For Overnight/Express Mail Delivery: EPA Stormwater Notice Processing Center Room 7420 U.S. EPA 1201 Constitution Avenue, NW Washington, DC 20004 2.3 Authorization to Discharge Date You are authorized to discharge stormwater from construction activities under the terms and conditions of this permit seven (7) calendar days after acknowledgment of receipt of your complete NOI is posted on EPA’s NPDES website http://www.epa.gov/npdes/stormwater/cgp. The exception to this 7-day timeframe is if EPA delays your authorization based on eligibility considerations of Part 1.3 (e.g., ESA concerns). Under this circumstance, you are not authorized for coverage under this permit until you receive notice from EPA of your eligibility. 2.4 Submission Deadlines A. New Projects: To obtain coverage under this permit, you must submit a complete and accurate NOI and be authorized consistent with Part 2.3 prior to your commencement of construction activities. B. Permitted Ongoing Projects: Permitted ongoing projects are not eligible for coverage under this permit. If you previously received authorization to discharge for your project under the 2003 CGP, your authorization will be automatically continued under that permit until the expiration of this permit and the issuance of a new CGP, or the termination of coverage by you under the 2003 CGP, whichever is earlier. Note: If you are an operator of a permitted ongoing project and you transfer ownership of the project, or a portion thereof, to a different operator, that operator will be required to submit a complete and accurate NOI for a new project in accordance with Part 2.2. C. Unpermitted Ongoing Projects: If you previously did not receive authorization to discharge for your project under the 2003 CGP and you wish to obtain coverage under this permit, you must submit an NOI within 90 days of the issuance date of this permit. General Permit D. Late Notifications: Operators are not prohibited from submitting NOIs after initiating clearing, grading, excavation activities, or other construction activities. When a late NOI is submitted, authorization for discharges occurs consistent with Part 2.3. The Agency reserves the right to take enforcement action for any unpermitted discharges that occur between the commencement of construction and discharge authorization. 2.5 Continuation of the Expired General Permit If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedure Act and remain in force and effect. If you were granted permit coverage prior to the expiration date, you will automatically remain covered by the continued permit until the earliest of: A. Reissuance or replacement of this permit, at which time you must comply with the conditions of the new permit to maintain authorization to discharge; or B. Your submittal of a Notice of Termination; or C. Issuance of an individual permit for the project’s discharges; or D. A formal permit decision by EPA to not reissue this general permit, at which time you must seek coverage under an alternative general permit or an individual permit. 2.6 Requiring Coverage Under an Individual Permit or an Alternative General Permit A. EPA may require you to apply for and/or obtain either an individual NPDES permit or coverage under an alternative NPDES general permit. Any interested person may petition EPA to take action under this paragraph. If EPA requires you to apply for an individual NPDES permit, EPA will notify you in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision and an application form. In addition, if you are an existing permittee covered under this permit, the notice will set a deadline to file the application, and will include a statement that on the effective date of issuance or denial of the individual NPDES permit or the coverage or denial of coverage under the alternative general permit as it applies to you, coverage under this general permit will automatically terminate. Applications must be submitted to EPA at the applicable EPA Regional offices listed in Appendix B of this permit. EPA may grant additional time to submit the application upon your request. If you are covered under this permit and you fail to submit in a timely manner an individual NPDES permit application as required by EPA, then the applicability of this permit to you is automatically terminated at the end of the day specified by EPA as the deadline for application submittal. B. You may request to be excluded from coverage under this general permit by applying for an individual permit. In such a case, you must submit an individual application in accordance with the requirements of 40 CFR §122.26(c)(1)(ii), with reasons supporting the request, to EPA at the applicable EPA Regional office listed in Small and Large Construction Activities 8 General Permit Appendix B of this permit. The request may be granted by issuance of an individual permit or coverage under an alternative general permit if your reasons are adequate to support the request. C. When an individual NPDES permit is issued to you (as an entity that is otherwise subject to this permit), or you are authorized to discharge under an alternative NPDES general permit, the applicability of this permit to you is automatically terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit, whichever the case may be. If you (as an entity that is otherwise subject to this permit) are denied an individual NPDES permit or an alternative NPDES general permit, the applicability of this permit to you is automatically terminated on the date of such denial, unless otherwise specified by EPA. PART 3: EFFLUENT LIMITS This section includes technology-based and water quality-based effluent limits that apply to all dischargers, unless otherwise specified. You must select, install, and maintain control measures (e.g., Best Management Practices (“BMPs”), controls, practices, etc.) for each major construction activity, identified in your Part 5 project description, to meet these effluent limits. All control measures must be properly selected, installed, and maintained in accordance with any relevant manufacturer specifications and good engineering practices. You must implement the control measures from commencement of construction activity until final stabilization is complete. The term “minimize” as used in Part 3 means reduce and/or eliminate to the extent achievable using control measures that are technologically available and economically practicable and achievable in light of best industry practice. 3.1 Effluent Limits to Reduce Pollutants in Stormwater Discharges You must implement control measures to minimize pollutants in stormwater discharges. A. Sediment Controls: You must implement the following, where applicable: 1. Sediment Sediment Basins: For common drainage locations that serve an area with 10 or more acres disturbed at one time, a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff from the drainage area from a 2-year, 24-hour storm, or equivalent control measures, must be provided where attainable until final stabilization of the site. Where no such calculation has been performed, a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent control measures, must be provided where attainable until final stabilization of the site. When computing the number of acres draining into a common location, it is not necessary to include flows from offsite areas and flows from on-site areas that are either undisturbed or have undergone final stabilization where such flows are diverted around both the disturbed area and the sediment basin. In determining whether installing a sediment basin is attainable, the operator may consider factors such as site soils, Small and Large Construction Activities 9 General Permit slope, available area on-site, etc. In any event, the operator must consider public safety, especially as it relates to children, as a design factor for the sediment basin, and alternative sediment controls must be used where site limitations would preclude a safe design. 2. For drainage locations which serve 10 or more disturbed acres at one time and where a temporary sediment basin or equivalent controls is not attainable, smaller sediment basins and/or sediment traps should be used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions). 3. For drainage locations serving less than 10 acres, smaller sediment basins and/or sediment traps should be used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction area unless a sediment basin providing storage for a calculated volume of runoff from a 2-year, 24-hour storm or 3,600 cubic feet of storage per acre drained is provided. B. Off-Site Sediment Tracking and Dust Control: You must minimize off-site vehicle tracking of sediments onto paved surfaces and the generation of dust. If sediment escapes the construction site, off-site accumulations of sediment must be removed at a frequency sufficient to minimize off-site impacts. C. Runoff Management: You must divert flows from exposed soils, retain/detain flows or otherwise minimize runoff and the discharge of pollutants from exposed areas of the site. You must avoid placement of structural practices in floodplains to the degree technologically and economically practicable and achievable. D. Erosive Velocity Control: You must place velocity dissipation devices at discharge locations and along the length of any outfall channel to provide a non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected (e.g., no significant changes in the hydrological regime of the receiving water). E. Post-Construction Stormwater Management: You must comply with any applicable federal, local, state, or tribal requirements regarding the design and installation of post-construction stormwater controls. Structural measures should be placed on upland soils to the degree practicable and achievable. F. Construction and Waste Materials: You must: 1. Prevent the discharge of solid materials, including building materials, to waters of the United States, except as authorized by a permit issued under section 404 of the CWA; Small and Large Construction Activities 10 General Permit 2. Minimize exposure of construction and waste materials to stormwater, and the occurrence of spills, through the use of storage practices, prevention and response practices, and other controls; 3. Prevent litter, construction debris, and construction chemicals (e.g., diesel fuel, hydraulic fluids, and other petroleum products) that could be exposed to stormwater from becoming a pollutant source in stormwater discharges. G. Non-Construction Wastes: You must minimize pollutant discharges from areas other than construction (including stormwater discharges from dedicated asphalt plants and dedicated concrete plants). H. Erosion Control and Stabilization: 1. General Requirements: You must stabilize the site. You must ensure that existing vegetation is preserved where possible and that disturbed portions of the site are stabilized. You should avoid using impervious surfaces for stabilization. 2. Initiation Deadlines: You must initiate stabilization measures, except as provided below, as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. i. Where stabilization by the 14th day is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. ii. Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 14 days, temporary stabilization measures do not have to be initiated on that portion of the site. iii. In arid, semiarid, and drought-stricken areas where initiating perennial vegetative stabilization measures is not possible within 14 days after construction activity has temporarily or permanently ceased, final vegetative stabilization measures must be initiated as soon as practicable. I. Spills /Releases in Excess of Reportable Quantities: You are not authorized to discharge hazardous hazardous substances or oil resulting from an on-site spill. This permit does not relieve you of the federal reporting requirements of 40 CFR Part 110, 40 CFR Part 117 and 40 CFR Part 302 relating to spills or other releases of oils or hazardous substances. Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117 or 40 CFR Part 302, occurs during a 24-hour period: • you must provide notice to the National Response Center (NRC) (800–424–8802; in the Washington, DC, metropolitan area call 202–267–2675) in accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117 and 40 CFR Part 302 as soon as site staff have knowledge of the discharge; and Small and Large Construction Activities 11 General Permit • you must, within 7 calendar days of knowledge of the release, provide a description of the release, the circumstances leading to the release, and the date of the release. You must also implement measures to prevent the reoccurrence of such releases and to respond to such releases. 3.2 Effluent Limits to Reduce Pollutants in Non-Stormwater Discharges You must minimize any non-stormwater discharges authorized by this permit. 3.3 Effluent Limits Related to Endangered Species You must protect federally-listed endangered or threatened species, or federallydesignated critical habitat to maintain eligibility under Part 1.3.C.6. 3.4 Attainment of Water Quality Standards A. You must select, install, implement and maintain control measures at your construction site that minimize pollutants in the discharge as necessary to meet applicable water quality standards. In general, except in situations explained in Part 3.4.B below, your stormwater controls developed, implemented, and updated consistent with with the other provisions of Part 3 are considered as stringent as necessary to ensure that your discharges do not cause or contribute to an excursion above any applicable water quality standard. B. At any time after authorization, EPA may determine that your stormwater discharges may cause, have reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. If such a determination is made, EPA will require you to: i. Modify your stormwater controls in accordance with Part 3.6 to address adequately the identified water quality concerns; ii. Submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining water quality standards; or iii. Cease discharges of pollutants from construction activity and submit an individual permit application according to Part 2.6. All written responses required under this part must include a signed certification consistent with Appendix G, Section 11. 3.5 Consistency with Total Maximum Daily Loads If you are discharging into a water with an EPA established or approved TMDL, you must implement measures to ensure that your discharge of pollutants from the site is consistent with the assumptions and requirements of the EPA-established or approved TMDL, including any specific wasteload allocation that has been established that would apply to your discharge. See Part 1.3.C.5 for further information on determining permit eligibility related to TMDLs. Small and Large Construction Activities 12 General Permit 3.6 Maintenance of Control Measures A. You must maintain all control measures and other protective measures in effective operating condition. If site inspections required by Part 4 identify BMPs that are not operating effectively, you must perform maintenance as soon as possible and before the next storm event whenever practicable to maintain the continued effectiveness of stormwater controls. B. If existing BMPs need to be modified or if additional BMPs are necessary for any reason, you must complete implementation before the next storm event whenever practicable. If implementation before the next storm event is impracticable, you must implement alternative BMPs as soon as possible. C. You must remove sediment from sediment traps or sedimentation ponds when design capacity has been reduced by 50 percent. D. You must remove trapped sediment from a silt fence before the deposit reaches 50 percent of the above-ground fence height (or before it reaches a lower height based on manufacturer's specifications). 3.7 Training of Employees You must train employees and subcontractors as necessary to make them aware of the applicable control measures implemented at the site so that they follow applicable procedures. 3.8 Applicable State, Tribal, or Local Programs You must ensure that the stormwater controls implemented at your site are consistent with all applicable federal, state, tribal, or local requirements for soil and erosion control and stormwater management. PART 4: INSPECTIONS A. Inspection Frequency: You must conduct inspections in accordance with one of the two schedules listed below. You must specify in your SWPPP which schedule you will be following. 1. At least once every 7 calendar days, OR 2. At least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. B. Case-by-Case Reductions in Inspection Frequency: You may reduce your inspection frequency to at least once every month if: 1. The entire site is temporarily stabilized, 2. Runoff is unlikely unlikely due to winter conditions (e.g., site is covered with snow, ice, or the ground is frozen), or 3. Construction is occurring during seasonal arid periods in arid areas and semi-arid areas. Small and Large Construction Activities 13 General Permit C. Inspection Waiver for Frozen Conditions: A waiver of the inspection requirements is available until one month before thawing conditions are expected to result in a discharge if all of the following requirements are met: 1. The project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e., more than one month); 2. Land disturbance activities have been suspended; and 3. The beginning and ending dates of the waiver period are documented in the SWPPP. D. Qualified Personnel: Inspections must be conducted by qualified personnel (provided by the operator or cooperatively by multiple operators). “Qualified personnel” means a person knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sediment and erosion control measures selected to control the quality of stormwater discharges from the construction activity. E. Scope of Inspections: Inspections must include all areas of the site disturbed by construction activity and areas used for storage of materials that are exposed to precipitation. Inspectors must look for evidence of, or the potential for, pollutants entering the stormwater conveyance system. Sedimentation and erosion control measures must be observed to ensure proper operation. Discharge locations must be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to waters of the United States, where accessible. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. F. Reductions in Scope of Inspections for Stabilized Areas: Once a definable area has been finally stabilized, no further inspection requirements apply to that portion of the site (e.g., earth-disturbing activities around one of three buildings in a complex are done and the area is finally stabilized, one mile of a roadway or pipeline project is done and finally stabilized, etc). G. Utility Line Inspections: Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may limit the access of inspection personnel to the areas described in Part 4.E above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected on the same frequencies as other construction projects, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed rightof-way, or other similar feature intersects the construction site and allows access to the areas described above. The conditions of the controls along each inspected 0.25 mile segment may be considered as representative of the condition of controls along Small and Large Construction Activities 14 General Permit that reach extending from the end of the 0.25 mile segment to either the end of the next 0.25 mile inspected segment, or to the end of the project, whichever occurs first. H. Inspection Report: For each inspection required above, you must complete an inspection report. At a minimum, the inspection report must include: 1. The inspection date; 2. Names, titles, and qualifications of personnel making the inspection; 3. Weather information for the period since the last inspection (or since commencement of construction activity if the first inspection) including a best estimate of the beginning of each storm event, duration of each storm event, approximate amount of rainfall for each storm event (in inches), and whether any discharges occurred; 4. Weather information and a description of any discharges occurring at the time of the inspection; 5. Location(s) of discharges of sediment or other pollutants from the site; 6. Location(s) of BMPs that need to be maintained; 7. Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location; 8. Location(s) where additional BMPs are needed that did not exist at the time of inspection; and 9. Corrective action required including implementation dates. The inspection report must be signed in accordance with Appendix G, Section 11 of this permit. PART 5: STORMWATER POLLUTION PREVETNION PLANS (SWPPPs) 5.1 Stormwater Pollution Prevention Plan Framework You must prepare a SWPPP before submitting your Notice of Intent (NOI) for permit coverage. At least one SWPPP must be developed for each construction project covered by this permit and the stormwater controls implemented at your site must be documented in the SWPPP. If you prepared a SWPPP for coverage under a previous NPDES permit, you must review and update the SWPPP prior to submitting your NOI. The SWPPP does not contain effluent limitations; the technology and water quality-based effluent limitations are contained in Part 3 of this permit. The SWPPP is intended to document the selection, design, installation, and implementation of control measures that are being used to comply with the effluent limitations set forth in Part 3. The SWPPP must: 1. Identify all potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site; and 2. Describe control measures to be used to meet the effluent limits set forth in Part 3. Small and Large Construction Activities 15 General Permit 5.2 SWPPP Contents: Site and Activity Description A. Construction Site Operators: The SWPPP must identify all operators for the project site, and the areas of the site over which each operator has control. B. Nature of Construction Activity: The SWPPP briefly must describe the nature of the construction activity, including: 1. The function of the project (e.g., low density residential, shopping mall, highway, etc.); 2. The intended sequence and timing of activities that disturb soils at the site; 3. Estimates of the total area expected to be disturbed by excavation, grading, or other construction activities, including dedicated off-site borrow and fill areas; and 4. A general location map (e.g., USGS quadrangle map, a portion of a city or county map, or other map) with enough detail to identify the location of the construction site and waters of the United States within one mile of the site. C. Site Map: The SWPPP must contain a legible site map, showing the entire site, identifying: 1. Direction(s) of stormwater flow and approximate slopes anticipated after grading activities; 2. Areas of soil disturbance and areas that will not be disturbed (or a statement that all areas of the site will be disturbed unless otherwise noted); 3. Locations of major structural and nonstructural BMPs identified in the SWPPP; 4. Locations where stabilization practices are expected to occur; 5. Locations of off-site material, waste, borrow or equipment storage areas; 6. Locations of all waters of the United States (including wetlands); 7. Locations where stormwater discharges to a surface water; and 8. Areas where final stabilization has been accomplished and no further construction-phase permit requirements apply. D. Construction and Waste Materials: The SWPPP must include a description of construction and waste materials expected to be stored on-site with updates as appropriate. E. Locations of Other Industrial Stormwater Discharges: The SWPPP must describe and identify the location and description of any stormwater discharge associated with industrial activity other than construction at the site. This includes stormwater discharges from dedicated asphalt plants and dedicated concrete plants that are covered by this permit. 5.3 Description of Control Measures to Reduce Pollutant Discharges A. Control Measures: The SWPPP must include a description of all control measures that will be implemented to meet the effluent limits in Part 3. For each major activity identified in the project description the SWPPP must clearly document appropriate control measures, the general sequence during the construction process in which the Small and Large Construction Activities 16 General Permit measures will be implemented, and which operator is responsible for the control measure’s implementation. B. Stabilization: The SWPPP must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented. C. Post-Authorization Records: The following records must be maintained with the SWPPP following authorization under this permit: 1. Dates when grading activities occur; 2. Dates when construction activities temporarily or permanently cease on a portion of the site; and 3. Dates when stabilization measures are initiated. 5.4 Non-Stormwater Discharges The SWPPP must identify all allowable sources of non-stormwater discharges listed in Part 1.3.B of this permit, except for flows from fire fighting activities that are combined with stormwater discharges associated with construction activity at the site. The SWPPP must also describe the pollution prevention measures used to eliminate or reduce nonstormwater discharges consistent with Part 3.2. 5.5 Documentation of Permit Eligibility Related to Endangered Species The SWPPP must include documentation supporting a determination of permit eligibility with regard to Endangered Species, including: A. Information on whether federally-listed endangered or threatened species, or federally-designated critical habitat may be in the project area; B. Whether such species or critical habitat may be adversely affected by stormwater discharges or stormwater discharge-related activities from the project; C. Results of the Appendix C listed species and critical habitat screening determinations; D. Confirmation of delivery of NOI to EPA or to EPA’s electronic NOI system. This may include an overnight, express or registered mail receipt acknowledgment; or electronic acknowledgment from EPA’s electronic NOI system; E. Any correspondence for any stage of project planning between the U.S. Fish and Wildlife Service (FWS), EPA, the U.S. National Marine Fisheries Service (NMFS), or others and and you regarding listed species and critical habitat, including any notification that delays your authorization to discharge under this permit; and F. A description of measures necessary to protect federally-listed endangered or threatened species, or federally-designated critical habitat. Small and Large Construction Activities 17 General Permit 5.6 Documentation of Permit Eligibility Related to Total Maximum Daily Loads The SWPPP must include documentation supporting a determination of permit eligibility with regard to waters that have an EPA-established or approved TMDL, including: A. Identification of whether your discharge is identified, either specifically or generally, in an EPA-established or approved TMDL and any associated allocations, requirements, and assumptions identified for your discharge; B. Summaries of consultation with State or Federal TMDL authorities on consistency of SWPPP conditions with the approved TMDL, and C. Measures taken by you to ensure that your discharge of pollutants from the site is consistent with the assumptions and requirements of the EPA-established or approved TMDL, including any specific wasteload allocation that has been established that would apply to your discharge. See Part 1.3.C.5 for further information on determining permit eligibility related to TMDLs. 5.7 Copy of Permit Requirements Copies of this permit and of the signed and certified NOI form that was submitted to EPA must be included in the SWPPP. Also, upon receipt, a copy of the letter from the EPA Stormwater Notice Processing Center notifying you of their receipt of your administratively complete NOI must also be included as a component of the SWPPP. 5.8 Applicable State, Tribal, or Local Programs The SWPPP must be updated as necessary to reflect any revisions to applicable federal, state, tribal, or local requirements that affect the stormwater controls you implement at your site. 5.9 Inspections A record of each inspection and of any actions taken in accordance with Part 4 must be retained with the SWPPP for at least three years from the date that permit coverage expires or is terminated. The inspection reports must identify any incidents of noncompliance with the permit conditions. Where a report does not identify any incidents of non-compliance, the report must contain a certification that the construction project or site is in in compliance with this permit. 5.10 Maintaining an Updated Plan The SWPPP must be modified: A. To reflect modifications to stormwater control measures made in response to a change in design, construction, operation, or maintenance at the construction site that has or could have a significant effect on the discharge of pollutants to the waters of the United States that has not been previously addressed in the SWPPP. Small and Large Construction Activities 18 General Permit B. If during inspections or investigations by site staff, or by local, state, tribal or federal officials, it is determined that the existing stormwater controls are ineffective in eliminating or significantly minimizing pollutants in stormwater discharges from the construction site. C. Based on the results of an inspection, as necessary to properly document additional or modified BMPs designed to correct problems identified. Revisions to the SWPPP must be completed within seven (7) calendar days following the inspection. 5.11 Signature, Plan Review and Making Plans Available A. Retention of SWPPP: A copy of the SWPPP (including a copy of the permit), NOI, and acknowledgement letter from EPA must be retained at the construction site (or other location easily accessible during normal business hours to EPA, a state, tribal or local agency approving sediment and erosion plans, grading plans, or stormwater management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service) from the date of commencement of construction activities to the date of final stabilization. If you have day-to-day operational control over SWPPP implementation, you must have a copy of the SWPPP available at a central location on-site for the use of all those identified as having responsibilities under the SWPPP whenever they are on the construction site. If an on-site location is unavailable to store the SWPPP when no personnel are present, notice of the plan's location must be posted near the main entrance at the construction site. B. Main Entrance Signage: A sign or other notice must be posted conspicuously near the main entrance of the construction site. If displaying near the main entrance is infeasible, the notice can be posted in a local public building such as the town hall or public library. The sign or other notice must contain the following information: 1. A A copy of the completed Notice of Intent as submitted to the EPA Stormwater Notice Processing Center; and 2. If the location of the SWPPP or the name and telephone number of the contact person for scheduling SWPPP viewing times has changed (i.e., is different than that submitted to EPA in the NOI), the current location of the SWPPP and name and telephone number of a contact person for scheduling viewing times. For linear projects, the sign or other notice must be posted at a publicly accessible location near the active part of the construction project (e.g., where a pipeline project crosses a public road). C. Availability of SWPPP: SWPPPs must be made available upon request by EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans, or stormwater management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to to the requestor. The copy of the SWPPP that is required to be kept on-site or Small and Large Construction Activities 19 General Permit locally available must be made available, in its entirety, to the EPA staff for review and copying at the time of an on-site inspection. D. Signature and Certification: All SWPPPs must be signed and certified in accordance with Appendix G, Section 11. 5.12 Requirements for Different Types of Operators You may meet one or both of the operational control components in the definition of operator found in Appendix A. Part 5.12.C applies to all permittees having control over only a portion of a construction site. A. If you have operational control over construction plans and specifications, you must ensure that: 1. The project specifications meet the minimum requirements of this Part and all other applicable permit conditions; 2. The SWPPP indicates the areas of the project where the operator has operational control over project specifications, including the ability to make modifications in specifications; 3. All other permittees implementing portions of the SWPPP (or their own SWPPP) who may be impacted by a change to the construction plan are notified of such changes in a timely manner; and 4. The SWPPP indicates the name of the party(ies) with day-to-day operational control of those activities necessary to ensure compliance with the SWPPP or other permit conditions. B. If you have operational control over day-to-day activities, you must ensure that: 1. The SWPPP meets the minimum requirements of this Part and identifies the parties responsible for implementation of control measures identified in the plan; 2. The SWPPP indicates areas of the project where you have operational control over day-to-day activities; 3. The SWPPP indicates the name of the party(ies) with operational control over project specifications (including the ability to make modifications in specifications). C. If you have operational control over only a portion of a larger project (e.g., one of four homebuilders in a subdivision), you are responsible for compliance with all applicable effluent limits, terms, and conditions of this permit as it relates to your activities on your portion of the construction site, including protection of endangered species, critical habitat, and historic properties, and implementation of control measures described in the SWPPP. You must ensure either directly or through coordination with other permittees, that your activities do not render another party’s pollutant discharge controls ineffective. You must either implement your portion of a common SWPPP or develop and implement your own SWPPP. For more effective coordination of BMPs and opportunities for cost sharing, a cooperative effort by the different operators at a site to prepare and participate in a comprehensive SWPPP is encouraged. Individual operators at a site may, but are not Small and Large Construction Activities 20 General Permit required to, develop separate SWPPPs that cover only their portion of the project provided reference is made to other operators at the site. In instances where there is more than one SWPPP for a site, cooperation between the permittees is encouraged to ensure the stormwater discharge control measures are consistent with one another (e.g., provisions to protect listed species and critical habitat). PART 6: TERMINATION OF COVERAGE 6.1 Submitting a Notice of Termination Submit a complete and accurate Notice of Termination (NOT) either electronically (strongly encouraged) at www.epa.gov/npdes/eNOI or by completing the paper Notice of Termination form included in Appendix F of this permit and submitting that form to the address listed in Part 2.2. 6.2 When to Submit a Notice of Termination You may only submit a Notice of Termination (NOT) after one or more of the following conditions have been met: A. Final stabilization has been achieved on all portions of the site for which you are responsible; B. Another operator has assumed control according to Appendix G, Section 11.C over all areas of the site that have not been finally stabilized; C. Coverage under an individual or alternative general NPDES permit has been obtained; or D. For residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner. The NOT must be submitted within 30 days of one of the above conditions being met. Authorization to discharge terminates at midnight of the day the NOT is signed. PART 7: RETENTION OF RECORDS Copies of the SWPPP and all documentation required by this permit, including records of all data used to complete the NOI to be covered by this permit, must be retained for at least three years from the date that permit coverage expires or is terminated. This period may be extended by request of EPA at any time. PART 8: REOPENER CLAUSE 8.1 Procedures for Modification or Revocation Permit modification or revocation will be conducted according to 40 CFR §122.62, §122.63, §122.64 and §124.5. Small and Large Construction Activities 21 General Permit 8.2 Water Quality Protection If there is evidence indicating that the stormwater discharges authorized by this permit cause, have the reasonable potential to cause or contribute to an excursion above any applicable water quality standard, you may be required to obtain an individual permit in accordance with Part 2.6 of this permit, or the permit may be modified to include different limitations and/or requirements. 8.3 Timing of Permit Modification EPA may elect to modify the permit prior to its expiration (rather than waiting for the new permit cycle) to comply with any new statutory or regulatory requirements, such as for effluent limitation guidelines that may be promulgated in the course of the current permit cycle. PART 9: STANDARD PERMIT CONDITIONS The federal regulations require that the Standard Conditions provisioned at 40 CFR §122.41 be applied to all NPDES permits. You are required to comply with those Standard Conditions, details of which are provided in Appendix G. PART 10: PERMIT PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY, OR TERRITORIES The provisions of this Part provide modifications or additions to the applicable conditions of this permit to reflect specific additional conditions required as part of the state or tribal CWA Section 401 certification process, or the Coastal Zone Management Act (CZMA) certification process, or as otherwise established by the permitting authority. The specific additional revisions and requirements only apply to activities in those specific states, Indian country, and federal facilities. States, Indian country, and federal facilities not included in this Part do not have any modifications or additions to the applicable conditions of this permit. A. Region 1 1. MAR100000: Commonwealth of Massachusetts, except Indian country a. State Water Quality Statutes, Regulations, and Policies: i. You must comply with the Massachusetts Clean Waters Act (Ch. 21, ss. 26-53). ii. You must comply with the conditions in 314 CMR 4.00 -Surface Water Water Quality Standards. iii. You must comply with the conditions in 314 CMR 3.00 -Surface Water Discharge Permit Program. iv. You must comply with the Wetlands Protection Act, Ch. 131, s. 40 and its regulations, 310 CMR 10.00 and any order of Conditions issued by a Conservation Commission or a Superseding Order of Conditions issued by the Massachusetts Department of Environmental Protection. Small and Large Construction Activities 22 General Permit b. Department of Environmental Protection Storm Water Management Policy: i. You must comply with the Massachusetts Storm Water Management Policy, and applicable Storm Water Performance Standards, as prescribed by state regulations promulgated under the authority of the Massachusetts Clean Waters Act, MGL Ch. 21, ss. 26-53 and the Wetlands Protection Act Ch. 131, s. 40. c. Other State Environmental Laws, Regulations, Policies: i. You must comply with the Massachusetts Endangered Species Act [MESA] (MGL Ch. 313A and regulations at 321 CMR 10.00) and any actions undertaken to comply with this storm water permit, shall not result in noncompliance with the MESA. ii. You must not conduct activities under this permit that will interfere with implementation of mosquito control work conducted in accordance with Chapter 252 including, s. 5A thereunder and MassDEP Guideline Number BRP G01-02, West Nile Virus Application of Pesticides to Wetland Resource Areas and Buffer Zones, and Public Water Systems. d. Other Department Directives: i. The Department may require you to perform water quality monitoring during the permit term if monitoring is necessary for the protection of public health or the environment as designated under the authority at 314 CMR 3.00. ii. The Department may require you to provide measurable verification of the effectiveness of BMPs and other control measures in your management program, including water quality monitoring. iii. The Department has determined that compliance with this permit does not protect you from enforcement actions deemed necessary by the Department under its associated regulations to address an imminent threat to the public health or a significant adverse environmental impact which results in a violation of the Massachusetts Clean Waters Act, Ch. 21, ss. 26-53. iv. The Department reserves the right to modify the 401 Water Quality Certification if any changes, modifications or deletions are made to the general permit. In addition, the Department reserves the right to add and/or alter the terms and conditions of its 401 Water Quality Certification to carry out its responsibilities during the term of this permit with respect to water quality, including any revisions to 314 CMR 4.00, Surface Water Quality Standards. e. Permit Compliance i. Should any violation of the Massachusetts Surface Water Quality Standards (314 CMR 4.00) or the conditions of this certification occur, the Department will direct you to correct the violations(s). The Department has the right to take any action as authorized by the General Laws of the Commonwealth to address the violation of this permit or the MA Clean Waters Act and the regulations promulgated thereunder. Substantial civil and criminal penalties are authorized under MGL Ch. 21, s. 42 for discharging into Massachusetts’ waters in violation of an order or permit issued by this Department. This Small and Large Construction Activities 23 General Permit certification does not relieve you of the duty to comply with other applicable Massachusetts statutes and regulations. 2. NHR100000: State of New Hampshire a. If you disturb 100,000 square feet or more of contiguous area, you must also apply for a “Significant Alteration of the Terrain Permit from DES pursuant to RSA 485-A:17 and Env-Ws 415. This requirement applies to the disturbances of only 50,000 square feet when construction occurs within the protected shoreline (see RSA 483-B and Env-Ws 1400). b. You must determine that any excavation dewatering discharges are not contaminated before they will be authorized as an allowable non-storm water discharge under this permit (see Subpart 1.3.B). The water is considered uncontaminated if there is no groundwater contamination within 1,000 feet of the discharge. Information on groundwater contamination can be generated over the Internet via the NHDES web site http://www.des.state.nh .us (One Stop Data Retrieval, Onestop Master Site Table). The web site also provides E-mail access to an NHDES Site Remediation Contact to answer questions about using the Web site. c. You must treat any uncontaminated excavation dewatering discharges as necessary to remove suspended solids and turbidity. The discharges must be sampled at a location prior to mixing with storm water at least once per week during weeks when discharges occur. The samples must be analyzed for total suspended solids (TSS) and must meet monthly average and maximum daily TSS limitations of 50 milligrams per liter (mg/L) and 100 mg/L, respectively. TSS (a.k.a. Residue, Nonfilterable) analysis and sampling must be performed in accordance with Tables IB (parameter, units and method) and II (required containers, preservation techniques and holding times) in 40 CFR 136.3 (see: http://www.access.gpo.gov/nara/cfr/waisidx_02/40cfr136_02.html). Records of any sampling and analysis must be maintained and kept with the SWPPP for at least three years after final site stabilization. d. During site design and preparation of the storm water pollution prevention plan (SWPPP), you must consider opportunities for groundwater recharge using on-site infiltration. The SWPPP must include a description of any on-site infiltration that will be installed as a post construction storm water management measure (see Subpart 3.4.E) or reasons for not employing such measures. For design considerations for infiltration measures see the September 2001 DES publication titled “Managing Storm Water as a Valuable Resource” which is available online at: http://www.des.state.nh.us/StormWater/construction.htm. Loss of annual recharge to groundwater should be minimized through the use of infiltration measures wherever feasible. B. Region 2 – No additional requirements. C. Region 5 1. MNR100000: Indian Country within the State of Minnesota Small and Large Construction Activities 24 General Permit a. Fond du Lac Band of Lake Superior Chippewa i. A copy of the Storm Water Pollution Prevention Plan must be submitted to the following office at least thirty (30) days in advance of sending the Notice of Intent (NOI) to EPA: Fond du Lac Reservation Office of Water Protection 1720 Big Lake Road Cloquet, MN 55720 CGP applicants are encouraged to work with the FDL Office of Water Protection in the identification of all proposed receiving waters. ii. Copies of the NOI and the Notice of Termination (NOT) must be sent to the Fond du Lac Office of Water Protection at the same time they are submitted to EPA. iii. This certification does not pertain to any new discharge to Outstanding Reservation Resource Waters (ORRW) as described in §105 b.3 of the Fond du Lac Water Quality Standards (Ordinance #12/98). Although additional waters may be designated in the future, currently Perch Lake, Rice Portage Lake, Miller Lake, Deadfish Lake and Jaskari Lake are designated as ORRWs. New dischargers wishing to discharge to an ORRW must obtain an individual permit for stormwater discharges from large and small construction activities. iv. All work shall be carried out in such a manner as will prevent violations of water quality criteria as stated in the Water Quality Standards of the Fond du Lac Reservation, Ordinance 12/98 as amended. This includes, but is not limited to, the prevention of any discharge that causes a condition in which visible solids, bottom deposits, or turbidity impairs the usefulness of water of the Fond du Lac Reservation for any of the uses designated in the Water Quality Standards of the Fond du Lac Reservation. These uses include wildlife, aquatic life, warm and cold water fisheries, subsistence fishing (netting), primary contact recreation, cultural, wild rice areas, aesthetic waters, agriculture, navigation and commercial. v. Appropriate steps shall be taken to ensure that petroleum products or other chemical pollutants are prevented from entering waters of the Fond du Lac Reservation. All All spills must be reported to the appropriate emergency management agency, and measures shall be taken immediately to prevent the pollution of waters of the Fond du Lac reservation, including groundwater. vi. This certification does not authorize impacts to cultural, historical, or archeological features or sites, or properties that may be eligible for such listing. b. Grand Portage Band of Lake Superior Chippewa [Coverage not yet available] 2. WIR100000: Indian Country within the State of Wisconsin, except the Sokaogon Chippewa Community. a. No additional requirements Small and Large Construction Activities 25 General Permit Note: Facilities within the Sokaogon Chippewa Community are not eligible for stormwater discharge coverage under this permit. Contact the Region 5 office for an individual permit application. D. Region 6 1. NMR100000: The State of New Mexico, except Indian country a. In addition to all other provisions of this permit, operators who intend to obtain authorization under this permit for all new stormwater discharges must satisfy the conditions in Part 10.C.1.b., unless a TMDL has been established for the receiving stream which specifies a waste load allocation (WLA) for construction stormwater discharges or the receiving stream is a Tier 3 water, in which case Part 10.C.1.c. applies. b. The SWPPP must include site-specific interim and permanent stabilization, managerial, and structural solids, erosion, and sediment control best management practices (BMPs) and/or other controls that are designed to prevent to the maximum extent practicable an increase in the sediment yield and flow velocity from pre-construction, pre-development conditions to assure that applicable standards in 20.6.4 NMAC, including the antidegradation policy, or WLAs are met. This requirement applies to discharges both during construction and after construction operations have been completed. The SWPPP must identify, and document the rationale for selecting these BMPs and/or other controls. The SWPPP must also describe design specifications, construction specifications, maintenance schedules (including a long term maintenance plan), criteria for inspections, as well as expected performance and longevity of these BMPs. BMP selection must be made based on the use of appropriate soil loss prediction models (such as SEDCAD 4.0, RUSLE, SEDIMOT II, MULTISED, etc.), or equivalent, generally accepted (by professional erosion control specialists), soil loss prediction tools. The operator(s) must demonstrate, and include documentation in the SWPPP, that implementation of the site-specific practices will assure that the applicable standards or WLAs are met, and will result in sediment yields and flow velocities that, to the maximum extent practicable, will not be greater than the sediment yield levels and flow velocities from preconstruction, pre-development conditions. The SWPPP must be prepared in accordance with good engineering practices by qualified (e.g., CPESC certified, engineers with appropriate training, etc.) erosion control specialists familiar with the use of soil loss prediction models and design of erosion and sediment control systems based on these models (or equivalent soil loss prediction tools). The operator(s) must design, implement, and maintain BMPs in the manner specified in the SWPPP. c. Operators are not eligible to obtain authorization under this permit for all new stormwater discharges to outstanding national resource waters (ONRWs) (also referred to as “Tier 3: waters). According to the Antidegradation Policy at Paragraph 3 of Subsection A of 20.6.4.8 NMAC, in part, “ONRWs may include, but are not limited to, surface surface waters of the state within national and state monuments, parks, wildlife refuges, waters of exceptional recreational or Small and Large Construction Activities 26 General Permit ecological significance, and waters identified under the Wild and Scenic Rivers Act.” No ONRWs exist at the time this permit is being finalized; however, during the term of the permit, if a receiving water is designated as an ONRW, the operator must obtain an individual permit for stormwater discharges from large and small construction activities. d. Stormwater discharges associated with construction activity that the State has determined to be or may reasonably be expected to be contributing to a violation of an applicable standard, including the antidegradation policy, are not authorized by this permit. Note: Upon receipt of this determination, NMED anticipates that, within a reasonable period of time, EPA will notify the general permittee to apply for and obtain an individual NPDES permit for these discharges per 40 CFR Part 122.28(b)(3). e. Inspections required under Part 4 must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches inches or greater. The option for inspections at least once per 7 calendar days is not available. The Inspection Waivers provided in Part 4.B and C still apply. f. Permittees can use temporary erosion controls as described in item 3 of the Appendix A definition of “Final Stabilization” as a method for final stabilization under the permit only under the following conditions: If this option is selected, you must notify SWQB at the address listed in item g. below at the time the NOT is submitted to EPA. The information to be submitted includes: • A copy of the NOT; • Contact information, including individual name or title, address, and phone number for the qualified (see CGP Part 4.10.D) party responsible for implementing the final stabilization measures; and • The date that the temporary erosion control practice was implemented (this is always prior to, and sometimes significantly prior to, submission of an NOT) and the projected timeframe that the 70% native vegetative cover requirements are expected to be met. (Note that if more than three years is required to establish 70 percent of the natural vegetative cover, this technique cannot be used or cited for fulfillment of the final stabilization requirement – you remain responsible for establishment of final stabilization) SWQB also requires that you periodically (minimum once/year) inspect and properly maintain the area until the criteria for final stabilization, as defined in Appendix A, item 3 of the CGP, have been met. You must prepare an inspection report documenting the findings of these inspections and signed in accordance with Appendix G, Section 11 of the CGP. This inspection record must be retained along with the SWPPP for three years after the NOT is submitted for the site and additionally submitted to SWQB at the address listed in item g. below. The inspections must at a minimum include the following: • Observations of all areas of the site disturbed by construction activity; Small and Large Construction Activities 27 General Permit • Best Management Practices (BMPs)/post-construction storm water controls must be observed to ensure they are effective; • An assessment of the status of vegetative re-establishment; and • Corrective actions required to ensure vegetative success within three years, and control of pollutants in storm water runoff from the site, including implementation dates. Signed copies of discharge monitoring reports, individual permit applications, and all other reports required by the permit to be submitted, shall also be sent to: Program Manager Point Source Regulation Section Surface Water Quality Bureau New Mexico Environment Department P.O. Box 26110 Santa Fe, NM 87502 2. NMR10000I: Indian country within the State of New Mexico, except Navajo Reservation Lands that are covered under Arizona permit AZR10000I and Ute Mountain Reservation Lands that are covered under Colorado permit COR10000I a. Pueblo of Acoma. The following conditions apply only to facilities on or bordering the Pueblo of Acoma with discharges into or flowing into waters of the Pueblo. i. A copy of the Notice of Intent and Notice of Termination must be submitted to the Haaku Water Office at the address below at the same time they are submitted to EPA. A copy of the storm water pollution prevention plan must be provided to the Haaku Water Office upon request. ii. HAAKU WATER OFFICE PO Box 309 Pueblo of Acoma, NM 87034 b. Pueblo of Isleta. The following conditions apply only to discharges on the Pueblo of Isleta. i. Subpart 1.3.C.4, (Eligibility, Limitations on Coverage) first sentence, is revised to read: “This permit does not authorize discharges that EPA or the Pueblo of Isleta, prior to authorization under this permit, determines will cause, have the reasonable potential to cause, or contribute to an excursion above any applicable water quality standard or impairment of a designated use of receiving waters.” ii. Subpart 2.2. (How to Submit) is amended to require: Copies of all Notices of Intent submitted to EPA must also be sent concurrently to the Pueblo of Isleta at the following address. Discharges are not authorized by this permit unless an accurate and complete Notice of Intent has been submitted to the Pueblo of Isleta. Regular U.S. Mail Delivery Natural Resources Department Pueblo of Isleta Small and Large Construction Activities 28 General Permit P.O. Box 1270 Isleta, NM 87022 Overnight/Express Mail Delivery Natural Resources Department Building L 11000 Broadway, SE Albuquerque, NM 87105 iii. Part 2 (Authorizations for Discharges of Storm Water from Construction Activity), second sentence, is amended to read: “Discharges are not authorized if your NOI is incomplete or inaccurate, if you failed to submit a copy of the NOI to the Pueblo of Isleta, or if you were never eligible for permit coverage. iv. Subpart 5.3 (Description of Control Measures to Reduce Pollutant Discharges), section A, last sentence, is amended to read: “For each major activity identified in the project description the SWPPP must clearly describe appropriate control measures, the general sequence during the construction process in which the measures will be implemented, and which operator is responsible for the control measure’s implementation and maintenance.” v. Subpart 5.7 (Copy of Permit Requirements), first sentence, is revised to read “Copies of this permit and and of the signed and certified NOI form that was submitted to the Pueblo of Isleta and EPA must be included in the SWPPP.” vi. Subpart 4. (Inspections), section A is revised to read “Inspections must be conducted at least once every 7 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater.” vii. Subpart 4. (Inspections), section H, last paragraph, is amended to add: “Copies of inspection reports that identify incidents of noncompliance shall be sent to Pueblo of Isleta at the address listed in Subpart 2.2.” (See above) viii. Subpart 5.11. (Signature, Plan Review and Making Plans Available), section A, first sentence is amended to read: “A copy of the SWPPP (including a copy of the permit), NOI, and acknowledgement letter from EPA must be retained at the construction site (or other location easily accessible during normal business hours to the Pueblo of Isleta’s Natural Resources Department, EPA, a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service) from the date of commencement of construction activities to the date of final stabilization.” ix. Subpart 5.11. (Signature, Plan Review and Making Plans Available), section C. is amended to read: “SWPPPs must be made available upon request by EPA; representatives of the Pueblo of Isleta Natural Resources Department, a state, tribal or local agency approving sediment and erosion plans, grading Small and Large Construction Activities 29 General Permit plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to the requestor. The copy of the SWPPP that is required to be kept on-site or locally available must be made available, in its entirety, to the EPA staff and the Pueblo of Isleta’s Natural Resources Department staff for review and copying at the time of an on-site inspection. x. Subpart 3.1.A (Sediment Controls), is amended to add: “Erosion and sediment controls shall be designed to retain sediment on-site.” xi. Subpart 3.1.I (Spills/Releases in Excess of Reportable Quantities), first bullet is amended to read: “you must provide notice to the Pueblo of Isleta Natural Resources Department (505-869-5748) and the National Response Center (NRC) (800–424–8802; in the Washington, DC, metropolitan area call 202–426– 2675) in accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117 and 40 CFR Part 302 as soon as site staff have knowledge of the discharge; and” xii. Subpart 3.4.B (Attainment of Water Quality Standards After Authorization), is amended to add: “You must provide the Pueblo of Isleta, at the address listed in Subpart 2.2, with a copy of the EPA notification, modifications to your storm water controls, data and certification required by EPA.” xiii. Subpart 6.1. (Submitting a Notice of Termination) is amended to add: Copies of all Notices of Termination submitted to EPA must also be sent concurrently to the Pueblo of Isleta at the following address in Subpart 2.2. xiv. Any correspondence, other than NOIs and NOTs, with the Pueblo of Isleta concerning storm water discharges authorized by this permit shall sent one of the addresses in Subpart 2.2. xv. Appendix G, Section 9, first sentence is amended to read: “You must allow the Pueblo of Isleta’s Natural Resources Department, EPA, or an authorized representative (including an authorized contractor acting as a representative of the Administrator), upon presentation of credentials and other documents as may be required by law, to:…” xvi. Appendix G, Section 12, subsections A-H are amended to require that when you must notify EPA of an event (e.g., planned changes, anticipated noncompliance, transfers, required reporting due to potential adverse effects or environmental impacts or other noncompliance matters), the Pueblo of Isleta must also be notified. xvii. Parties wishing to apply for an Equivalent Analysis Waiver (see Appendix D, Section C) must provide a copy of the waiver analysis to the Pueblo of Isleta at the address specified in Subpart 2.2 at the time it is submitted to EPA. c. Ohkay Owingeh (San Juan Pueblo). The following conditions apply only to discharges on Ohkay Owinegeh. Small and Large Construction Activities 30 General Permit i. Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) must be provided to the Pueblo at the time it is provided to the Environmental Protection Agency, at the following address. A copy of the Storm Water Pollution Prevention Plan must be provided to the Pueblo upon request. Office of Environmental Affairs P.O. Box 717 Ohkay Owingeh, NM 87566 ii. Appendix G, Section 10 (Monitoring and records), item D is amended to add: “All monitoring must be conducted in accordance with the Pueblo of San Juan’s Quality Assurance Project Plan.” d. Pueblo of Nambé. The following conditions apply only to discharges on the Pueblo of Nambé. i. Copies of the Notice of Intent (NOI), Notice of Termination (NOT), and any analytical data must be provided to the Nambé Pueblo Department of Environment and Natural Resources (DENR) at the time it is provided to the Environmental Protection Agency, at the following address. A copy of the Storm Water Pollution Prevention Plan must be provided to the Pueblo Pueblo upon request. ii. All correspondence chall be sent to: Pueblo of Nambé Department of Environment and Natural Resources Rt. 1 Box 117-BB Santa Fe, NM 87506 505-455-2036 ext. 120 fax: 505-455-8873 e. Pueblo of Picuris. The following conditions apply only to discharges on the Pueblo of Picuris. i. Copies of the Notice of Intent (NOI), Notice of Termination (NOT), and any analytical data (e.g. Discharge Monitoring Reports, etc.) or any other reports must be provided to the Pueblo at the time it is provided to the Environmental Protection Agency. A copy of the Storm Water Pollution Prevention Plan must be provided to the Pueblo upon request. ii. All correspondence shall be sent to: Cordell Arellano Director, Environment Department Pueblo of Picuris PO Box 158 Penasco, NM 87553 f. Pueblo of Pojoaque. The following conditions apply only to discharges on the Pueblo of Pojoaque. i. Copies of the Notice of Intent (NOI), Notice of Termination (NOT), and any analytical data (e.g. Discharge Monitoring Reports, etc.) or any other reports must be provided to the Pueblo at the time it is provided to the Environmental Protection Agency. A copy of documents related to the Small and Large Construction Activities 31 General Permit Storm Water Pollution Prevention Plan must be provided to the Pueblo upon request. ii. All correspondence shall be sent to: Luke Mario Duran Director, Environment Department Pueblo of Pojoaque 5 West Gutierrez, Suite 2b Santa Fe, NM 87506 g. Pueblo of Taos. The following conditions apply only to discharges on the Pueblo of Taos. i. Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) must be provided to the Taos Pueblo Governor’s Office and the Taos Pueblo Environmental Office at the same time as or prior to submission to the Environmental Protection Agency. A copy of the Storm Water Pollution Prevention Plan must be provided to Pueblo environmental personnel upon request. ii. All correspondence for both the Taos Pueblo Governor’s Office and the Taos Pueblo Environmental Office (same address) shall be sent to: Governor/Taos Pueblo Environmental Office (as applicable) Taos Pueblo PO Box 1846 Taos, NM 87571 h. Pueblo of Sandia. The following conditions apply only to discharges on the Pueblo of Sandia. i. A copy of the Notice of Intent (NOI) must be provided to the Pueblo at the same, (or prior to) the time it is submitted to the Environmental Protection Agency. ii. The Pueblo of Sandia objects to use of Low Rainfall Erosivity Waivers (see Appendix D, Part A) for any small construction activities on the Pueblo, so this waiver will not be available for construction projects on the Pueblo. Permittees wishing to apply for all other waivers (see Appendix D) must provide a copy of the waiver certification or analysis to the Pueblo of Sandia Environment Department. iii. The Storm Water Pollution Prevention Plan (SWPPP) must be available to the Pueblo of Sandia either electronically or hard copy upon request for review. The SWPPP must be made available at least fourteen (14) days before construction begins. The fourteen (14) day period will give Tribal staff time to become familiar with the project site, prepare for construction inspections, and determine compliance with the Pueblo of Sandia Water Quality Standards. Failure to provide a SWPPP to the Pueblo of Sandia may result in denial of the discharge or construction delay. iv. Discharges are not authorized by this permit unless and until: a. An accurate and complete NOI has been submitted to the Pueblo; AND Small and Large Construction Activities 32 General Permit b. An “Authorization to Proceed Letter” with any site specific mitigation requirements has been received from the Pueblo of Sandia following their review of the NOI and SWPPP and the permittee complies with all applicable requirements therein. v. Before submitting a Notice of Termination (NOT), permittees must clearly demonstrate to the Pueblo of Sandia Environment Department though a site visit or documentation that requirements for site stabilization have been met and any temporary erosion control structures have been removed (or operational control is being passed to another operator). A short letter concurring that conditions for submittal of an NOT have met will be sent to the permittee by the Pueblo. Upon receipt of this letter, and provided the all other applicable requirements of the permit are met, the permittee will be eligible to submit and NOT. vi. You must telephone the Pueblo of Sandia Environment Department at (505) 867-4533 of any noncompliance that may endanger human health or the environment within ten (10) hours of becoming aware of the circumstance. vii. All corresondance shall be sent to: Scott Bulgrin, Water Quality Manager Pueblo of Sandia 481 Sandia Loop Bernalillo, NM 87004 i. Santa Clara Pueblo. The following conditions apply only to discharges on the Santa Clara Pueblo. i. Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) must be provided to the Pueblo of Santa Clara Office of Environmental Affairs when they are submitted to the Environmental Protection Agency. ii. A copy of the storm water pollution prevention plan must be made available to the Pueblo of Santa Clara Office of Environmental Affairs upon request. iii. Construction site operators must notify the Pueblo of Santa Clara Office of Environmental Affairs by telephone at (505) 753-7326 of any noncompliance discharges that may endanger human health or the environment within twenty-fout (24) hours of becoming aware of the discharge. iv. All correspondence shall be sent to: Santa Clara Office of of Environmental Affairs Taos Pueblo One Kee Street PO Box 580 Espanola, NM 87532 505-753-7326 Tel 505-747-2728 Fax j. Pueblo of Tesuque. The following conditions apply only to discharges on the Pueblo of Tesuque. i. Copies of the Notice of Intent (NOI), Notice of Termination (NOT), and any analytical data (e.g. Discharge Monitoring Reports, etc.) or any other Small and Large Construction Activities 33 General Permit reports must be provided to the Pueblo at the time it is provided to the Environmental Protection Agency. ii. A copy of documents related to the Storm Water Pollution Prevention Plan must be provided to the Pueblo upon request. iii. All correspondence shall be sent to: Ryan Swazo-Hinds Sr. Envirionmental Technician Pueblo of Tesuque Environment Department Rt. 42, Box 360-T Santa Fe, NM 87506 3. OKR10000F: Discharges in the State of Oklahoma that are not under the authority of the Oklahoma Department of Environmental Quality, including activities associated with oil and gas exploration, drilling, operations, and pipelines (includes SIC Groups 13 and 46, and SIC codes 492 and 5171), and point source discharges associated with agricultural production, services, and silviculture (includes SIC Groups 01, 02, 07, 08, 09). a. In accordance with Oklahoma’s Water Quality Standards (OAC 785:45-5-25), Subpart 1.3.C. (Limitations on Coverage) is modified to add paragraphs 8 and 9 as follows: “8. For activities located within the watershed of any Oklahoma Scenic River, including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee Creek, and Big Lee Creek or any water or watershed designated “ORW” (Outstanding Resource Water) in Oklahoma’s Water Quality Standards, this permit may only be used to authorize discharges from temporary construction activities. Discharges from any on-going activities such as sand and gravel mining or any other mineral mining are not authorized. 9. For activities located within the watershed of any Oklahoma Scenic River, including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee Creek, and Big Lee Creek or any water or watershed designated “ORW” (Outstanding Resource Water) in Oklahoma’s Water Quality Standards, this permit may not be used to authorize discharges from support activities, including concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, or borrow areas.” 4. OKR10000I: Indian country within the State of Oklahoma. a. In order to protect downstream waters subject to the state of Oklahoma’s Water Quality Standards (OAC 785:45-5-25) where receiving waters flow from Indian Country to State waters, Subpart 1.3.C. (Limitations on Coverage) is modified to add paragraphs 8 and 9 as follows: “8. For activities located within the watershed of any Oklahoma Scenic River, including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee Creek, and Big Lee Creek or any water or watershed designated Small and Large Construction Activities 34 General Permit “ORW” (Outstanding Resource Water) in Oklahoma’s Water Quality Standards, this permit may only be used to authorize discharges from temporary construction activities. Discharges from any on-going activities such as sand and gravel mining or any other mineral mining are not authorized. 9. For activities located within the watershed of any Oklahoma Scenic River, including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee Creek, and Big Lee Creek or any water or watershed designated “ORW” (Outstanding Resource Water) in Oklahoma’s Water Quality Standards, this permit may not be used to authorize discharges from support activities, including concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, or borrow areas.” b. Pawnee Nation of Oklahoma. The following conditions apply only to discharges on the Pawnee Nation of Oklahoma. i. Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) must be provided to the Pawnee Nation at the same time they are submitted to the Environmental Protection Agency. ii. A copy of the storm water pollution prevention plan must be made available to Pawnee Nation Department of Environmental Conservation and Safety upon request. iii. Construction site operators must notify the Pawnee Nation Department of Environmental Conservation and Safety by telephone at (918) 762-3655 immediately of any non-compliance with any provision of the permit conditions. iv. All correspondence shall be sent to: Pawnee Nation Department of Environmental Conservation and Safety PO Box 470 Pawnee, OK 74058 5. TXR10000F: Discharges in the State of Texas that are not under the authority of the Texas Commission on Environmental Quality, including activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline. NOTE: This permit does not create an obligation to obtain a permit where such obligation does not already exist under federal statute or regulation. For more information on the Clean Water Act §§ 402(l)(2) permitting exemption for uncontaminated discharges of storm water from oil and gas exploration, production, processing, or treatment operations or transmission facilities, visit: http://cfpub.epa.gov/npdes/stormwater/oilgas.cfm D. Region 8 1. MTR10000I: a. Confederated Salish and Kootenai Tribes. The following conditions only apply for projects on the Flathead Indian Reservation: Small and Large Construction Activities 35 General Permit i. Permittees must send a Stormwater Pollution Prevention Plan (SWPPP) to the Tribe at least 30 days before construction starts; ii. Before submitting a Notice of Termination (NOT), permittees must clearly demonstrate to an appointed tribal staff person during an on-site inspection that requirements for site stabilization have been met; iii. Permittees submitting electronic Notices of Intents (eNOI’s) to USEPA must cc a copy to NRD-EPD@cskt.org; and iv. Written NOIs, SWPPPs, and NOTs shall be mailed to: Confederated Salish and Kootenai Tribes National Resources Department Department Head P.O. Box 278 Pablo, MT 59855 Permittees may also submit their SWPPP and NOT to NRD-EPD@cskt.org b. Fort Peck Tribes. The following conditions only apply for projects on the Fort Peck Indian Reservation: i. The permittee must send a copy of the Notice of Intent (NOI) and the Notice of Termination (NOT) to the Tribes at the same time that the NOI and NOT is submitted to EPA. Copies of the NOI and NOT shall be accepted either electronically or hard copy format and should be sent to: Deb Madison Environmental Programs Manager Fort Peck Assiniboine & Sioux Tribes P.O. Box 1027 Poplar, MT 59255 Tel: 406.768.2389 Fax: 406.768.5606 E-mail: 2horses@nemont.net ii. A copy of the proposed SWPPP at the time of NOI/NOT submissions must be sent to the Tribes to ensure that upon closure of the site and/or activities all environmental commitments have been met. c. Northern Cheyenne Reservation. The following conditions only apply for projects on the Northern Cheyenne Indian Reservation: i. Permittees must contact the Northern Cheyenne Environmental Protection Department at (406) 477-6506 prior to authorization to discharge under the general permit; ii. The Tribe shall review and approve SWPPPs prior to approval; and iii. The Tribe shall review and improve BMPs on site to ensure that Tribal water quality standards are protected. Small and Large Construction Activities 36 General Permit E. Region 9 1. ASR100000: The Island of American Samoa a. Discharges authorized by the general permit shall meet all applicable American Samoa water quality standards. b. Permittees discharging under the general permit shall comply with all conditions of the permit. 3. AZR10000I: Indian country lands within the State of Arizona, including Navajo Reservation lands in New Mexico and Utah a. White Mountain Apache Tribe. The following condition applies only for projects on the White Mountain Apache Reservation: All NOIs for proposed stormwater discharge coverage shall be provided to the following address: Tribal Environmental Planning Office P.O. Box 2109 Whiteriver, AZ 85941 b. Hoopa Valley Tribe. The following conditions apply only for projects on the Hoopa Valley Reservation: i. All notices of intent submitted for stormwater discharges under the general permit in Hoopa Valley Indian Reservation (HVIR) shall be submitted to the Tribal Environmental Protection Agency (TEPA); and ii. All pollution prevention plans for stormwater discharge in HVIR shall be submitted to TEPA for review and approval. c. 29 Palms Band of Mission Indians. The following conditions apply only for projects on the 29 Palms Band of Mission Indians Reservation: i. The 29 Palms Tribal EPA is informed of any future changes made to the proposed CGP; ii. For each permitted activity, the U.S. EPA will ensure that all terms and conditions of the proposed CGP are complied with; iii Notices of intent must be submitted to the 29 Palms Tribal EPA for review, comment and tracking; iv. Copies of stormwater pollution prevention plans (SWPPPs) and supporting Best Management Practices (BMPs) must be submitted to the 29 Palms Tribal EPA for review and compliance; v. Copies of all monitoring reports must be provided to the 29 Palms Tribal EPA; vi. Depending on the permitted activity, the 29 Palms Tribal EPA reserves the right to stipulate additional monitoring requirements; and vii. In order to meet the requirements of Tribal law, including water quality standards, each of the conditions cited in the proposed CGP and the Twenty-Nine Palms Band of Mission Indians certification shall not be made any less stringent. Small and Large Construction Activities 37 General Permit d. Hualapai Tribe. The following conditions apply only for projects on the Hualapai Reservation: i. All notices of intent for proposed stormwater discharges under the CGP and all pollution prevention plans for stormwater discharges on Hualapai Tribal lands shall be submitted to the Water Resource Program through the Tribal Chairman for review and approval, P.O. Box 179, Peach Springs, AZ 86434. e. Pyramid Lake Paiute Tribe. The following conditions apply only for projects on the Pyramid Lake Paiute Reservation: i. All notices of intent (NOIs) must be submitted to the Tribe for review, comments and tracking; ii. copies of all Stormwater Pollution Prevention Plan (SWPPPs) and supporting Best Management Practices (BMPs) must be submitted to the Pyramid Lake Paiute Tribe for review and concurrence; iii. copies of the criteria for Effluent Limitations Guidelines (ELGs) and the criteria for proposed Qualifying Local Programs (QLPs) to be used for sediment and erosion control pursuant to 40 CFR 122.44(s) be provided to the Pyramid Lake Paiute Tribe; and iv. copies of all monitoring reports must be provided to the Pyramid Lake Paiute Tribe. 4. MPR100000: Commonwealth of the Northern Mariana Islands (CNMI) a. An Earthmoving and Erosion Control Permit shall be obtained from the CNMI DEQ prior to any construction activity covered under the NPDES general permit. b. All conditions and requirements set forth in the USEPA NPDES general permit for discharges from large and small construction must be complied with. c. A SWPPP for storm water discharges from construction activity must be approved by the Director of the CNMI DEQ prior to the submission of the NOI to USEPA. The CNMI address for the submittal of the SWPPP for approval is: Commonwealth of the Northern Mariana Islands Office of the Governor Director, Division of Environmental Quality (DEQ) P.O. Box 501304 C.K. Saipan, MP 96950-1304 d. An NOI to be covered by the general permit for discharges from large and small construction sites must be submitted to to CNMI DEQ (use above address) and USEPA, Region 9, in the form prescribed by USEPA, accompanied by a SWPPP approval letter from CNMI DEQ. e. The NOI must be postmarked seven (7) calendar days prior to any storm water discharges and a copy must be submitted to the Director of CNMI DEQ (use above address) no later than seven (7) calendar days prior to any stormwater discharges. Small and Large Construction Activities 38 General Permit f. Copies of all monitoring reports required by the NPDES general permit must be submitted to CNMI DEQ (use above address). g. In accordance with section 10.3(h) and (i) of the CNMI water quality standards, CNMI DEQ reserves the right to deny coverage under the general permit and to require submittal of an application for an individual NPDES permit based on a review of the NOI or other information made available to the Director. F. Region 10 1. AKR100000: The State of Alaska, except Indian country a. For Storm Water Pollution Prevention Plans i. Operators of construction projects disturbing at least one acre of land but less than five acres of land shall submit a copy of the Notice of Intent (NOI) to the Alaska Department of Environmental Conservation (ADEC) at the same time it is submitted to the EPA. Submittals to ADEC shall be made to the following address Alaska Department of Environmental Conservation Wastewater Discharge/Storm Water 555 Cordova St. Anchorage, AK 99501 ii. Operators of construction projects that disturb five or more acres of land and that are located outside the areas of the local governments described in numbers iii, iv, v, or vi below, shall submit a copy of the Storm Water Pollution Prevention Plan (SWPPP) and a copy of the NOI to ADEC for review. The SWPPP shall be accompanied by the state-required plan review fee (see 18 AAC 72.955). iii. Within the Municipality of Anchorage (1) Operators of construction projects disturbing one or more acres of land shall submit a copy of the SWPPP to either ADEC or the Municipality based on the project type and operator as shown in the following table Project Type Submit SWPPP to Government (federal, state, municipal) road projects and other government transportation projects such as ports, railroads or airports ADEC Utility projects for which the utility is initiating the work Municipality Work that requires a Building Permit Municipality Non-publicly funded transportation projects Municipality (2) Submittal of the SWPPP to the Municipality should be made before or at the same time the NOI is submitted to the EPA and ADEC and shall be accompanied by any Municipality-required fee. Copies of the SWPPP shall be submitted to the Municipality at the following address Municipality of Anchorage Office of Planning Development and Public Works 4700 South Elmore Rd. PO Box 196650 Anchorage, AK 99519-6650 Small and Large Construction Activities 39 General Permit (3) Submittals to ADEC shall include a copy of the SWPPP and a copy of the NOI for review and shall be accompanied by the state-required plan review fee (see 18 AAC 72.995). iv. Within the urbanized area boundary of the Fairbanks North Star Borough check with the Borough for the latest requirements. Fairbanks North Star Borough Department of Public Works PO Box 71267 Fairbanks, AK 99707 v. Within the urbanized area boundary of the City of Fairbanks (1) Operators of privately-funded construction projects disturbing one or more acres of land shall submit a copy of the SWPPP to the City of Fairbanks. (2) Submittal of the SWPPP to the City of Fairbanks should be made before or at the same time the NOI is submitted to the EPA and ADEC and shall be accompanied by any City-required fee. Copies of the SWPPP shall be submitted to the City of Fairbanks at the following address City of Fairbanks Engineering Division 800 Cushman St Fairbanks, AK 99701 (3) Operators of publicly-funded projects disturbing one or more acres of land shall submit a copy of the SWPPP and a copy of the NOI to ADEC for review, and shall be accompanied by the state-required plan review fee (see 18 AAC 72.995). vi. Within the urbanized area boundary of the City of North Pole (1) Operators of privately-funded construction projects disturbing one or more acres of land shall submit a copy of the SWPPP to the City of North Pole. (2) Submittal of the SWPPP to the City of North Pole should be made before or at the same time the NOI is submitted to the EPA and ADEC and shall be accompanied by any City-required fee. Copies of the SWPPP shall be submitted to the City of North Pole at the following address City of North Pole Department of Public Works 125 Snowman Lane North Pole, AK 99705 (3) Operators of publicly-funded projects disturbing one or more acres of land shall submit a copy of the SWPPP and a copy of the NOI to ADEC for review, and shall be accompanied by the state-required plan review fee (see 18 AAC 72.995). vii. For hardrock mines that are designed to process 500 or more tons per day and intend to file a Notice of Intent to begin construction under this permit Small and Large Construction Activities 40 General Permit (1) The operator shall submit their SWPPP to ADEC for review at least 90 days before the start of construction, (2) Representatives of the operator and the prime site construction contractor shall meet with ADEC representatives in a preconstruction conference at least 20 days before the start of construction to discuss the details of the SWPPP and stormwater management during construction, (3) The operator shall submit to ADEC addendums to the SWPPP that address any planned physical alterations, additions to the permitted facility, or unanticipated conditions that arise during planned construction that could significantly change the nature, or increase the quantity, of pollutants discharged from the facility, and (4) The operator shall have at least one person on-site during construction who is qualified and trained in the principles and practices of erosion and sediment control and has the authority to direct the maintenance of storm water best management practices. b. For Post-Construction ((Permanent) Storm Water Control Measures (Section 3.1.E [Post-Construction Stormwater Management] of the CGP) i. Operators of construction projects who construct, alter, install, modify, or operate any part of a storm water treatment system and are located outside the Municipality of Anchorage, shall submit a copy of the engineering plans to ADEC for review at the address given above (see 18 AAC 72.600). ii. Operators of construction projects who construct, alter, install, modify, or operate any part of a storm water treatment system and are located inside the Municipality of Anchorage, shall submit a copy of the engineering plans to the respective government agency based on project type, as indicated in the table in a.iii.(1) above, for review at the addresses given in a.i. or a.iii.(2) above. 2. IDR100000: The State of Idaho, except Indian country a. 303(d)-listed Water Bodies with Approved TMDLs. Discharges of storm water will be consistent with load allocations established by the applicable TMDL. b. 303(303(d)-listed Water Bodies without Approved TMDLs (High Priority) If a TMDL has not been established for a high priority 303(d)-listed water body, then discharges of storm water may not cause an increase in the total load of listed pollutant(s) in the receiving water body. c. 303(d)-listed Water Bodies without Approved TMDLs (Medium or Low Priority) If a TMDL has not been established for a medium or low priority 303(d)-listed water body, then best management practices shall be employed as necessary to prohibit further impairment of the designated or existing beneficial uses in the receiving water body. d. Best Management Practices (BMPs) BMPs must be designed, implemented, and maintained by the permittee to fully protect and maintain the beneficial uses of the receiving water body. The permittee should select appropriate BMPs that are either authorized by the Small and Large Construction Activities 41 General Permit appropriate designated agency as defined in Idaho Water Quality Standards (IDAPA 58.01.02), recommended in IDEQ’s Catalog of Stormwater BMPs for Idaho Cities and Counties, or recommended by other local government entities or guidance documents. e. Equivalent Analysis Waiver -Use of the “Equivalent Analysis Waiver” in Appendix D of the permit is not authorized. f. Operators may contact the Idaho Department of Environmental Quality regional office nearest the construction activity for more information about impaired waterways: Boise Regional Office: 1445 N. Orchard Boise ID 83706-2239 Tel: (208)373-0550 Fax: (208)373-0287 Grangeville Satellite Office: 300 W. Main Grangeville ID 83530 Tel: (208)983-0808 Fax: (208)983-2873 Pocatello Regional Office: 444 Hospital Way #300 Pocatello ID 83201 Tel: (208)236-6160 Fax: (208)236-6168 McCall Satellite Office: 502 N. 3rd Street #9A P.O. Box 4654 McCall, ID 83638 Tel: (208)634-4900 Fax: (208)634-9405 Idaho Falls Regional Office: 900 N. Skyline, Suite B Idaho Falls, ID 83402 Tel: (208)528-2650 Fax: (208)528-2695 Twin Falls Regional Office: 1363 Fillmore Twin Falls, ID 83301 Tel: (208)736-2190 Fax: (208)736-2194 Small and Large Construction Activities 42 General Permit Coeur d’Alene Regional Office: 2110 Ironwood Parkway Coeur d'Alene ID 83814 Tel: (208)769-1422 Fax: (208)769-1404 Lewiston Regional Office: 1118 "F" Street Lewiston, ID 83501 Tel: (208)799-4370 Toll Free: 1-877-541-3304 Fax: (208)799-3451 3. ORR10000I: Indian country within the State of Oregon, except Fort McDermitt Reservation lands (see Region 9): a. Confederated Tribes of the Umatilla Indian Reservation. The following conditions apply only for projects within the exterior boundaries of the Umatilla Indian Reservation: i. The operator shall be responsible for achieving compliance with the Confederated Tribes of the Umatilla Indian Reservation’s (CTUIR) Water Quality Standards. ii. The operator must submit all Storm Water Pollution Prevention Plans required under this general permit to the CTUIR Water Resources Program for review and determination that the SWPPP is sufficient to meet Tribal Water Quality Standards prior to the beginning of any discharge activities taking place. iii. The operator must submit a copy of the Notice of Intent (NOI) to be covered by this general permit to the CTUIR Water Resources Program at the address below, at the same time it is submitted to EPA. iv. The operator shall be responsible for reporting an exceedance of Tribal Water Quality Standards to the CTUIR Water Resources Program at the same time it is reported to EPA. Confederated Tribes of the Umatilla Indian Reservation Water Resources Program P.O. Box 638 Pendleton, OR 97801 (541) 966-2420 v. At least 45 days prior to beginning any discharge activities, the operator must submit a copy of the Notice of Intent to be covered under this general permit and an assessment of whether the undertaking has the potential to affect historic properties to CTUIR Tribal Historic Preservation Office (THPO) at the address below. If the project has potential to affect historic properties, the operator must define the area of potential effect (APE). The operator must provide the THPO at least 30 days to comment on the APE as defined. Small and Large Construction Activities 43 General Permit vi. If the project is an undertaking, the operator must conduct a cultural resource investigation. All fieldwork must be conducted by qualified personnel (as outlined by the Secretary of the Interior’s Standards and Guidelines found at http://www.nps.gov/history/local-law/arch_stnds_0.htm). All fieldwork must be documented using Oregon Reporting Standards (as outlined at http://egov.oregon.gov/OPRD/HCD/ARCH/arch_pubsandlinks.shtml). The resulting report must be submitted to the THPO for concurrence before any ground disturbing work can occur. The operator must provide the THPO at least 30 days to review and respond to all reports. The operator must obtain THPO concurrence in writing. If historic properties are present, this written concurrence will outline measures to be taken to prevent or mitigate effects to historic properties. Confederated Tribes of the Umatilla Indian Reservation Cultural Resources Protection Program Tribal Historic Preservation Office P.O. Box 638 Pendleton, OR 97801 (541) 966-2340 b. Confederated Tribes of Warm Springs. The following conditions apply only for projects on the Warm Springs Indian Reservation: i. All activities covered by this NPDES general permit occurring within a designated riparian buffer zone as established in Ordinance 74 (Integrated Resource Management Plan or IRMP) must be reviewed, approved and permitted through the Tribe’s Hydraulic Permit Application process, including payment of any applicable fees. ii. All activities covered by this NPDES general permit must follow all applicable land management and resource conservation requirements specified in the IRMP. iii. Operators of activities covered by this NPDES general permit must submit a Storm Water Pollution Prevention Plan to the Tribe’s Water Control Board at the following address for approval at least 30 days prior to beginning construction activity: Chair, Warm Springs Water Control Board P.O. Box C Warm Springs, Oregon 97761 4. WAR10000F: Federal Facilities in the State of Washington, except those located on Indian Country a. Discharges shall not cause or contribute to a violation of surface water quality standards (Chapter 173-201A WAC), ground water quality standards (Chapter 173-200 WAC), sediment management standards (Chapter 173-204 WAC), and human health-based criteria in the National Toxics Rule (40 CFR Part 131.36). Discharges that are not in compliance with these standards are not authorized. Small and Large Construction Activities 44 General Permit b. Prior to the discharge of stormwater and non-stormwater to waters of the state, the Permittee shall apply all known, available, and reasonable methods of prevention, control, and treatment (AKART). This includes the preparation and implementation of an adequate Stormwater Pollution Prevention Plan (SWPPP), with all appropriate best management practices (BMPs) installed and maintained in accordance with the SWPPP and the terms and conditions of this permit. c. Sampling & Numeric Effluent Limitations – For Sites Discharging to Certain Waterbodies on the 303(d) List or with an Applicable TMDL i. Permittees that discharge to water bodies listed as impaired by the State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH or phosphorus, shall conduct water quality sampling according to the requirements of this section. (1) The operator must retain all monitoring results required by this section as part of the SWPPP. All data and related monitoring records must be provided to EPA or the Washington Department of Ecology upon request. (2) The operator must notify EPA when the discharge turbidity or discharge pH exceeds the water quality standards as defined in Parts 10.F.4.d.ii and e.ii below, in accordance with the reporting requirements of Part G.12.F of this permit. All reports must be submitted to EPA at the following address: U.S EPA Region 10 NPDES Compliance Unit -Attn: Federal Facilities Compliance Officer 1200 6th Avenue, Suite 900 OCE-133 Seattle, WA 98101 (206) 553-1846 ii. All references and requirements associated with Section 303(d) of the Clean Water Act mean the most current listing by Ecology of impaired waters that exists on November 16, 2005, or the date when the operator’s complete NOI is received by EPA, whichever is later. Parameter identified in 303(d) listing Parameter/Units Analytical Method Sampling Frequency Water Quality Standard Turbidity Fine Sediment Phosphorus Turbidity/NTU SM2130 or EPA180.1 Weekly, if discharging If background is 50 NTU or less: 5 NTU over background; or If background is more than 50 NTU: 10% over background High pH pH/Standard Units pH meter Weekly, if discharging In the range of 6.5 – 8.5 d. Discharges to waterbodies on the 303(d) list for turbidity, fine sediment, or phosphorus i. Permittees which discharge to waterbodies on the 303(d) list for turbidity, fine sediment, or phosphorus shall conduct turbidity sampling at the Small and Large Construction Activities 45 General Permit following locations to evaluate compliance with the water quality standard for turbidity: (1) Background turbidity shall be measured in the 303(d) listed receiving water immediately upstream (upgradient) or outside the area of influence of the discharge; and (2) Discharge turbidity shall be measured at the point of discharge into the 303(d) listed receiving waterbody, inside the area of influence of the discharge; or Alternatively, discharge turbidity may be measured at the point where the discharge leaves the construction site, rather than in the receiving waterbody. ii. Based on sampling, if the discharge turbidity ever exceeds the water quality standard for turbidity (more than 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or more than a 10% increase in turbidity when the background turbidity is more than 50 NTU), all future discharges shall comply with a numeric effluent limit which is equal to the water quality standard for turbidity. If a future discharge exceeds the water quality standard for turbidity, the permittee shall: (1) Review the SWPPP for compliance with the permit and make appropriate revisions within 7 days of the discharge that exceeded the standard; (2) Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but no later than 10 days of the discharge that exceeded the standard; (3) Document BMP implementation and maintenance in the site log book; (4) Continue to sample daily until discharge turbidity meets the water quality standard for turbidity. e. Discharges to waterbodies on the 303(d) list for High pH i. Permittees which discharge to waterbodies on the 303(d) list for high pH shall conduct sampling at one of the following locations to evaluate compliance with the water quality standard for pH (in the range of 6.5 – 8.5): (1) pH shall be measured at the point of discharge into the 303(d) listed waterbody, inside the area of influence of the discharge; or (2) Alternatively, pH may be measured at at the point where the discharge leaves the construction site, rather than in the receiving water. ii. Based on the sampling set forth above, if the pH ever exceeds the water quality standard for pH (in the range of 6.5 – 8.5), all future discharges shall comply with a numeric effluent limit which is equal to the water quality standard for pH. If a future discharge exceeds the water quality standard for pH, the permittee shall: (1) Review the SWPPP for compliance with the permit and make appropriate revisions within 7 days of the discharge; Small and Large Construction Activities 46 General Permit (2) Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but no later than 10 days of the discharge that exceeded the standards; (3) Document BMP implementation and maintenance in the site log book; (4) Continue to sample daily until discharge meets the water quality standard for pH (in the range of 6.5 – 8.5). f. Sampling & Limitations – For Sites Discharging to TMDLs i. Discharges to waterbodies subject to an applicable Total Maximum Daily Load (TMDL) for turbidity, fine sediment, high pH, or phosphorus, shall be consistent with the assumptions and requirements of the TMDL. (1) Where an applicable TMDL sets specific waste load allocations or requirements for discharges covered by this permit, discharges shall be consistent with any specific waste load allocations or requirements established by the applicable TMDL. a. Discharges shall be sampled weekly, or as otherwise specified by the TMDL, to evaluate compliance with the specific waste load allocations or requirements. b. Analytical methods used to meet the monitoring requirements shall conform to the latest revision of the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136. (2) Where an applicable TMDL has established a general waste load allocation for construction stormwater discharges, but no specific requirements have been identified, compliance with this permit will be assumed to be consistent with the approved TMDL. (3) Where an applicable TMDL has not specified a waste load allocation for construction stormwater discharges, but has not excluded these discharges, compliance with this permit will be assumed to be consistent with the approved TMDL. (4) Where an applicable TMDL specifically precludes or prohibits discharges from construction activity, the operator is not eligible for coverage under this permit. ii. Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or phosphorus, which has been completed and approved by EPA prior to November 16, 2005, or prior to the date the operator’s complete NOI is received by EPA, whichever is later. Information on impaired waterways is available from the Department of Ecology website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/impaired.html or by phone: 360-407-6460. 5. WAR10000I: Indian country within the State of Washington a. Kalispel Tribe. The following conditions apply only for projects on the Kalispel Reservation: Small and Large Construction Activities 47 General Permit i. The permittee shall be responsible for achieving compliance with the Kalispel Tribe’s Water Quality Standards. ii. The permittee shall submit a copy of the Notice of Intent (NOI) to be covered by the general permit to the Kalispel Tribe Natural Resources Department at the same time as it submitted to the U.S. EPA iii. The permittee shall submit all Storm Water Prevention Plans (SWPP) to the Kalispel Tribe Natural Resources Department thirty (30) days prior to beginning any discharge activities for review. iv. Prior to any land disturbing activities on the Kalispel Indian Reservation and its dependent communities, the permittee shall obtain a cultural resource clearance letter from the Kalispel Natural Resource Department. v. All tribal correspondence pertaining to the general permit for discharges of construction stormwater shall be sent to: Kalispel Tribe Natural Resources Department PO Box 39 Usk, WA 99180 b. Lummi Nation The following conditions apply only for projects on the Lummi Reservation: i. Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the operator must obtain a land use permit from the Lummi Planning Department as provided in Title 15 of the Lummi Code of Laws and regulations adopted thereunder. ii. Pursuant to LCL 17.05.020(a), each operator shall develop and submit a Storm Water Pollution Prevention Plan to the Lummi Water Resources Division for review and approval by the Water Resources Manager prior to beginning any discharge activities. iii. Pursuant to LCL Title 17, each operator shall be responsible for achieving compliance with the Water Quality Standards for Surface Waters of the Lummi Indian Reservation (Lummi Administrative Regulations [LAR] 17 LAR 07.010 through 17 LAR 07.210). iv. Each operator shall submit a copy of the Notice of Intent to the Lummi Water Resources Division at the same time it is submitted to the Environmental Protection Agency (EPA). v. Storm Water Pollution Prevention Plans and Notices of Intent shall be submitted to: Lummi Natural Resources Department ATTN: Water Resources Manager 2616 Kwina Road Bellingham, WA 98226 vi. Refer to the Lummi Nation website at http://www.lummi-nsn.gov to review a copy of Title 17 of the Lummi Code of Laws and the references upon which the conditions identified above are based. c. Makah Tribe The following conditions apply only for projects on the Makah Reservation: i. The operator shall be responsible for achieving compliance with the Makah Tribe's Water Quality Standards. ii. The operator shall submit a Storm Water Pollution Prevention Plan to the Small and Large Construction Activities 48 General Permit Small and Large Construction Activities 49 Makah Tribe Water Quality Program and Makah Fisheries Habitat Division for review and approval at least thirty (30) days prior to beginning any discharge activities. iii. The operator shall submit a copy of the Notice of Intent to the Makah Tribe Water Quality Program and Makah Fisheries Habitat Division at the same time it is submitted to EPA. iv. Storm Water Pollution Prevention Plans and Notices of Intent shall be submitted to: Makah Fisheries Water Quality and Habitat Division PO Box 115 Neah Bay, WA 98357 d. Puyallup Tribe of Indians. The following conditions apply only to stormwater discharges from large and small construction activities that result in a total land disturbance of equal to or greater than one acre, where those discharges enter surface waters of the Puyallup Tribe: i. Each permittee shall be responsible for achieving compliance with the Puyallup Tribe’s Water Quality Standards, including antidegradation provisions. The Puyallup Natural Resources Department will conduct an antidegradation review for permitted activities that have the potential to affect water quality. The antidegradation review will be consistent with the Tribe’s Antidegradation Implementation Procedures. ii. The permittee shall be responsible for meeting any additional permit requirements imposed by EPA necessary to comply with the Puyallup Tribe’s antidegradation policies if the discharge point is located within 1 linear mile upstream of waters designated by the Tribe. iii. Each permittee shall submit a copy of the Notice of Intent (NOI) to be covered by the general permit to the Puyallup Tribal Natural Resources Department at the address listed below at the same time it is submitted to EPA. Puyallup Tribe of Indians 3009 E. Portland Avenue Tacoma, WA 98404 ATTN: Natural Resources Department iv. All supporting documentation and certifications in the NOI related to coverage under the general permit for Endangered Species Act purposes shall be submitted to the Puyallup Tribal Natural Resources Department for review. v. If EPA requires coverage under an individual or alternative permit, the permittee shall submit a copy of the permit to the Puyallup Tribal Natural Resources Department at the address listed above. vi. The permittee shall submit all stormwater pollution prevention plans to the Puyallup Tribal Natural Resources Department for review and approval prior to beginning any activities resulting in a discharge to tribal waters. General Permit Appendix A -Definitions and Acronyms Definitions “Arid Areas” means areas with an average annual rainfall of 0 to 10 inches. “Best Management Practices” (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures, and practice to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. “Commencement of Construction Activities” means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction-related activities (e.g., stockpiling of fill material). “Control Measure” as used in this permit, refers to any BMP or other method used to prevent or reduce the discharge of pollutants to waters of the United States. “CWA” means the Clean Water Act or the Federal Water Pollution Control Act, 33 U.U.S.C. section 1251 et seq. “Discharge” when used without qualification means the “discharge of a pollutant.” “Discharge of Stormwater Associated with Construction Activity” as used in this permit, refers to a discharge of pollutants in stormwater from areas where soil disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck chute washdown, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. “Eligible” means qualified for authorization to discharge stormwater under this general permit. “Facility” or “Activity” means any “point source” or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the NPDES program. “Federal Facility” means any buildings, installations, structures, land, public works, equipment, aircraft, vessels, and other vehicles and property, property, owned by, or constructed or manufactured for the purpose of leasing to, the Federal government. “Final Stabilization” means that: 1. All soil disturbing activities at the site have been completed and either of the two following criteria are met: a. a uniform (e.g,, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 percent of the native background Small and Large Construction Activities A-1 General Permit vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or b. equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. 2. When background native vegetation will cover less than 100 percent of the ground (e.g., arid areas, beaches), the 70 percent coverage criteria is adjusted as follows: if the native vegetation covers 50 percent of the ground, 70 percent of 50 percent (0.70 X 0.50 = 0.35) would require 35 percent total cover for final stabilization. On a beach with no natural vegetation, no stabilization is required. 3. In arid and semi-arid areas only, all soil disturbing activities at the site have been completed and both of the following criteria have been met: a. Temporary erosion control measures (e.g., degradable rolled erosion control product) are selected, designed, and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by you, b. The temporary erosion control measures are selected, designed, and installed to achieve 70 percent vegetative coverage within three years. 4. For individual lots in residential construction, final stabilization means that either: a. The homebuilder has completed final stabilization as specified above, or b. The homebuilder has established temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization. 5. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to ‘‘water of the United States,’’ and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria (1) or (2) or (3) above. “Indian country” is defined at 40 CFR §122.2 to mean: 1. All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; 2. All dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of a state; and 3. All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-ways running through the same. “Large Construction Activity” is defined at 40 CFR §122.26(b)(14)(x) and incorporated here by reference. A large construction activity includes clearing, grading, and excavating resulting in a land disturbance that will disturb equal to or greater than five acres of land or will disturb less than five acres of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than five acres. Large Small and Large Construction Activities A-2 General Permit construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site. “Municipal Separate Storm Sewer System” or “MS4" is defined at 40 CFR §122.26(b)(8) to mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 1. Owned and operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR §122.2. “New Project” means the “commencement of construction activities” occurs after the effective date of this permit. “Ongoing Project” means the “commencement of construction activities” occurs before the effective date of this permit. “Operator” for the purpose of this permit and in the context of stormwater associated with construction activity, means any party associated with a construction project that meets either of the following two criteria: 1. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or 2. The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at at a site to carry out activities required by the SWPPP or comply with other permit conditions). This definition is provided to inform permittees of EPA’s interpretation of how the regulatory definitions of “owner or operator” and “facility or activity” are applied to discharges of stormwater associated with construction activity. “Owner or operator” means the owner or operator of any ‘‘facility or activity’’ subject to regulation under the NPDES program. “Permitting Authority” means the United States Environmental Protection Agency, EPA, a Regional Administrator of the Environmental Protection Agency or an authorized representative. Small and Large Construction Activities A-3 General Permit “Point Source” means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. “Pollutant” is defined at 40 CFR §122.2. A partial listing from this definition includes: dredged spoil, solid waste, sewage, garbage, sewage sludge, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial or municipal waste. “Project Area” means: − The areas on the construction site where stormwater discharges originate and flow toward the point of discharge into the receiving waters (including areas where excavation, site development, or other ground disturbance activities occur) and the the immediate vicinity. (Example: 1. Where bald eagles nest in a tree that is on or bordering a construction site and could be disturbed by the construction activity or where grading causes stormwater to flow into a small wetland or other habitat that is on the site that contains listed species.) − The areas where stormwater discharges flow from the construction site to the point of discharge into receiving waters. (Example: Where stormwater flows into a ditch, swale, or gully that leads to receiving waters and where listed species (such as amphibians) are found in the ditch, swale, or gully.) − The areas where stormwater from construction activities discharge into receiving waters and the areas in the immediate vicinity of the point of discharge. (Example: Where stormwater from construction activities discharges into a stream segment that is known to harbor listed aquatic species.) − The areas where stormwater BMPs will be constructed and operated, including any areas where stormwater flows to and from BMPs. (Example: Where a stormwater retention pond would be built.) − The areas upstream and /or downstream from construction activities discharges into a stream segment that may be affected by the said discharges. (Example: Where sediment discharged to a receiving stream settles downstream and impacts a breeding area of a listed aquatic species.) “Receiving water” means the “Water of the United States” as defined in 40 CFR §122.2 into which the regulated stormwater discharges. “Runoff coefficient” means the fraction of total rainfall that will appear at the conveyance as runoff. “Semi-Arid Areas” means areas with an average annual rainfall of 10 to 20 inches. “Site” means the land or water area where any “facility or activity” is physically located or conducted, including adjacent land used in connection with the facility or activity. Small and Large Construction Activities A-4 General Permit “Small Construction Activity” is defined at 40 CFR §122.26(b)(15) and incorporated here by reference. A small construction activity includes clearing, grading, and excavating resulting in a land disturbance that will disturb equal to or greater than one (1) acre and less than five (5) acres of land or will disturb less than one (1) acre of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one (1) acre and less than five (5) acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site. “Stormwater” means stormwater runoff, snow melt runoff, and surface runoff and drainage. “Stormwater Discharge-Related Activities” as used in this permit, include: activities that cause, contribute to, or result in stormwater point source pollutant discharges, including but not limited to: excavation, site development, grading and other surface disturbance activities; and measures to control stormwater including the siting, construction and operation of BMPs to control, reduce or prevent stormwater pollution. “Total Maximum Daily Load” or “TMDL” means the sum of the individual wasteload allocations (WLAs) for point sources and load allocations (LAs) for nonpoint sources and natural background. If a receiving water has only one point source discharger, the TMDL is the sum of that point source WLA plus the LAs for any nonpoint sources of pollution and natural background sources, tributaries, or adjacent segments. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. “Waters of the United States” is as defined at 40 CFR §122.2. “Wetland” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. ACRONYMS BMP -Best Management Practices CGP -Construction General Permit CFR -Code of Federal Regulations CWA -Clean Water Act EPA -United States Environmental Protection Agency ESA -Endangered Species Act FWS -United States Fish and Wildlife Service MS4 -Municipal Separate Storm Sewer System MSGP -Multi-Sector General Permit NHPA -National Historic Preservation Act NMFS -United States National Marine Fisheries Service NOI -Notice of Intent Small and Large Construction Activities A-5 General Permit Small and Large Construction Activities A-6 NOT -Notice of Termination NPDES -National Pollutant Discharge Elimination System POTW -Publicly Owned Treatment Works SHPO -State Historic Preservation Officer SWPPP -Stormwater Pollution Prevention Plan THPO -Tribal Historic Preservation Officer TMDL -Total Maximum Daily Load WQS -Water Quality Standard General Permit Appendix B -Permit Areas Eligible for Coverage Permit coverage for stormwater discharges from construction activity occurring within the following areas is provided by legally separate and distinctly numbered permits: 1. EPA Region 1: CT, MA, ME, NH, RI, VT US EPA, Region 01 Office of Ecosystem Protection NPDES Stormwater Program 1 Congress St, Suite 1100 (CMU) Boston, MA 02114-2023 The States of Connecticut, Maine, Rhode Island, and Vermont are the NPDES Permitting Authority for the majority of discharges within their respective states. Permit No. Areas of Coverage/Where EPA is Permitting Authority MAR100000 Commonwealth of Massachusetts (except Indian country) MAR10000I Indian country within the State of Massachusetts CTR10000I Indian country within the State of Connecticut NHR100000 State of New Hampshire RIR10000I Indian country within the State of Rhode Island VTR10000F Federal Facilities in the State of Vermont 2. EPA Region 2: NJ, NY, PR, VI For NJ, NY, and VI: US EPA, Region 02 NPDES Stormwater Program 290 Broadway, 24th Floor New York, NY 10007-1866 For PR: US EPA, Region 02 Caribbean Environmental Protection Division NPDES Stormwater Program 1492 Ponce de Leon Ave Central Europa Building, Suite 417 San Juan, PR 00907-4127 The State of New York is the NPDES Permitting Authority for the majority of discharges within its state. The State of New Jersey and the Virgin Islands are the NPDES Permitting Authority for all discharges within their respective states. Small and Large Construction Activities B-1 General Permit Permit No. Areas of Coverage/Where EPA is Permitting Authority NYR10000I Indian country within the State of New York PRR100000 The Commonwealth of Puerto Rico 3. EPA Region 3: DE, DC, MD, PA, VA, WV US EPA, Region 03 NPDES Stormwater Program 1650 Arch St Philadelphia, PA 19103 The State of Delaware is the NPDES Permitting Authority for the majority of discharges within its state. Maryland, Pennsylvania, Virginia, and West Virginia are the NPDES Permitting Authority for all discharges within their respective states. Permit No. Areas of Coverage/Where EPA is Permitting Authority DCR100000 The District of Columbia DER10000F Federal Facilities in the State of Delaware 4. EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TN US EPA, Region 04 Water Management Division NPDES Stormwater Program 61 Forsyth St SW Atlanta, GA 30303-3104 Coverage Not Available. Construction activities in Region 4 must obtain permit coverage under an alternative permit. 5. EPA Region 5: IL, IN, MI, MN, OH, WI US EPA, Region 05 NPDES & Technical Support NPDES Stormwater Program 77 W Jackson Blvd (WN-16J) Chicago, IL 60604-3507 The States of Michigan, Minnesota, and Wisconsin are the NPDES Permitting Authority for the majority of discharges within their respective states. The States of Illinois, Indiana, and Ohio are the NPDES Permitting Authorities for all discharges within their respective states. Small and Large Construction Activities B-2 General Permit Permit No. Areas of coverage/where EPA is Permitting Authority MIR10000I Indian country within the State of Michigan MNR10000I Indian country within the State of Minnesota, except the Grand Portage Band of Chippewa WIR10000I Indian country within the State of Wisconsin, except the Sokaogon Chippewa (Mole Lake) Community. 6. EPA Region 6: AR, LA, OK, TX, NM (except see Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands) US EPA, Region 06 NPDES Stormwater Program 1445 Ross Ave, Suite 1200 Dallas, TX 75202-2733 The States of Louisiana, Oklahoma, and Texas are the NPDES Permitting Authority for the majority of discharges within their respective state. The State of Arkansas is the NPDES Permitting Authority for all discharges within its respective state. Permit No. Areas of coverage/where EPA is Permitting Authority LAR10000I Indian country within the State of Louisiana NMR100000 The State of New Mexico, except Indian country NMR10000I Indian country within the State of of New Mexico, except Navajo Reservation Lands that are covered under Arizona permit AZR10000I and Ute Mountain Reservation Lands that are covered under Colorado permit COR10000I. OKR10000I Indian country within the State of Oklahoma OKR10000F Discharges in the State of Oklahoma that are not under the authority of the Oklahoma Department of Environmental Quality, including activities associated with oil and gas exploration, drilling, operations, and pipelines (includes SIC Groups 13 and 46, and SIC codes 492 and 5171), and point source discharges associated with agricultural production, services, and silviculture (includes SIC Groups 01, 02, 07, 08, 09). TXR10000F Discharges in the State of Texas that are not under the authority of the Texas Commission on Environmental Quality (formerly TNRCC), including activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline. TXR10000I Indian country within the State of Texas. Small and Large Construction Activities B-3 General Permit 7. EPA Region 7: IA, KS, MO, NE (except see Region 8 for Pine Ridge Reservation Lands) US EPA, Region 07 NPDES Stormwater Program 901 N 5th St Kansas City, KS 66101 The States of Iowa, Kansas, and Nebraska are the NPDES Permitting Authority for the majority of discharges within their respective states. The State of Missouri is the NPDES Permitting Authority for all discharges within its state. Permit No. Areas of coverage/where EPA is Permitting Authority IAR10000I Indian country within the State of Iowa KSR10000I Indian country within the State of Kansas NER10000I Indian country within the State of Nebraska, except Pine Ridge Reservation lands (see Region 8) 8. EPA Region 8: CO, MT, ND, SD, WY, UT (except see Region 9 for Goshute Reservation and Navajo Reservation Lands), the Ute Mountain Reservation in NM, and the Pine Ridge Reservation in NE. US EPA, Region 08 NPDES Stormwater Program 999 18th St, Suite 300 (EPR-EP) Denver, CO 80202-2466 The States of Colorado, Montana, North Dakota, South South Dakota, Utah, and Wyoming are the NPDES Permitting Authority for the majority of discharges within their respective states. Permit No. Areas of coverage/where EPA is Permitting Authority COR10000F Federal Facilities in the State of Colorado, except those located on Indian country COR10000I Indian country within the State of Colorado, as well as the portion of the Ute Mountain Reservation located in New Mexico MTR10000I Indian country within the State of Montana NDR10000I Indian country within the State of North Dakota, as well as that portion of the Standing Rock Reservation located in South Dakota (except for the portion of the lands within the former boundaries of the Lake Traverse Reservation which is covered under South Dakota permit SDR10000I listed below) SDR10000I Indian country within the State of South Dakota, as well as the portion of the Pine Ridge Reservation located in Nebraska and the portion of the lands within the former boundaries of the Lake Small and Large Construction Activities B-4 General Permit Traverse Reservation located in North Dakota (except for the Standing Rock Reservation which is covered under North Dakota permit NDR10000I listed above) UTR10000I Indian country within the State of Utah, except Goshute and Navajo Reservation lands (see Region 9) WYR10000I Indian country within the State of Wyoming 9. EPA Region 9: CA, HI, NV, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Goshute Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ, the Duck Valley Reservation in ID, and the Fort McDermitt Reservation in OR. US EPA, Region 09 NPDES Stormwater Program 75 Hawthorne St San Francisco, CA 94105-3901 The States of Arizona, California and Nevada are the NPDES Permitting Authority for the majority of discharges within their respective states. The State of Hawaii is the NPDES Permitting Authority for all discharges within its state. Permit No. Areas of coverage/where EPA is Permitting Authority ASR100000 The Island of American Samoa AZR10000I Indian country within the State of Arizona, as well as Navajo Reservation lands in New Mexico and Utah CAR10000I Indian country within the State of California GUR100000 The Island of Guam JAR100000 Johnston Atoll MWR100000 Midway Island and Wake Island MPR100000 Commonwealth of the Northern Mariana Islands NVR10000I Indian country within the State of Nevada, as well as the Duck Valley Reservation in Idaho, the Fort McDermitt Reservation in Oregon and the Goshute Reservation in Utah 10. EPA Region 10: AK, WA, ID (except see Region 9 for Duck Valley Reservation Lands), and OR (except see Region 9 for Fort McDermitt Reservation). US EPA, Region 10 NPDES Stormwater Program 1200 6th Ave (OW-130) Seattle, WA 98101-1128 Phone: (206) 553-6650 The States of Oregon and Washington are the NPDES Permitting Authority for the majority of discharges within their respective states. Small and Large Construction Activities B-5 General Permit Small and Large Construction Activities B-6 Permit No. Areas of coverage/where EPA is Permitting Authority AKR100000 The State of Alaska, except Indian country AKR10000I Indian country within the state of Alaska IDR100000 The State of Idaho, except Indian country IDR10000I Indian country within the State of Idaho, except Duck Valley Reservation lands (see Region 9) ORR10000I Indian country within the State of Oregon, except Fort McDermitt Reservation lands (see Region 9) WAR10000F Federal Facilities in the State of Washington, except those located on Indian country WAR10000I Indian country within the State of Washington General Permit Appendix C -Endangered Species Act Review Procedures You must meet at least one of the six criteria in Part 1.3.C.6 to be eligible for coverage under this permit. You must follow the procedures in this Appendix to assess the potential effects of stormwater discharges and stormwater discharge-related activities on listed species and their critical habitat. When evaluating these potential effects, operators must evaluate the entire project area. For purposes of this Appendix, the term “project area” is inclusive of the term “Action Area.” Action area is defined in 50 CFR §402.02 as all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action. This includes areas beyond the footprint of the construction area that may be affected by stormwater discharges and stormwater discharge related activities. “Project area” is defined in Appendix A. (Operators who are eligible and able to certify eligibility under Criterion B, C, D, or F of Part 1.3.C.6 because of a previously issued ESA section 10 permit, a previously completed ESA section 7 consultation, or because the operator’s activities were already addressed in another operator’s certification of eligibility may proceed directly to Step Four.) Step One: Determine if Listed Threatened or Endangered Species are Present On or Near Your Project Area You must determine, to the best of your knowledge, whether listed species are located on or near your project area. To make this determination, you should: • Determine if listed species are in your county or township. The local offices of the U.S. Fish and Wildlife Service (FWS), National Marine Fisheries Service (NMFS), and State or Tribal Heritage Centers often maintain lists of federally listed endangered or threatened species on their internet sites. Visit http://www.epa.gov/npdes/stormwater/cgp to find the appropriate site for your state or check with your local office. In most cases, these lists allow you to determine if there are listed species in your county or township. • If there are listed species in your county or township, check to see if critical habitat has been designated and if that area overlaps or is near your project area. • Contact your local FWS, NMFS, or State or Tribal Heritage Center to determine if the listed species could be found on or near your project area and if any critical habitat areas have been designated that overlap or are near your project area. Critical habitat areas maybe designated independently from the listed species for your county, so even if there are no listed species in your county or township, you must still contact one of the agencies mentioned above to determine if there are any critical habitat areas on or near your project area. You can also find critical habitat designations and associated requirements at 50 CFR Parts 17 and 226. http://www.access.gpo.gov. Small and Large Construction Activities C-1 General Permit • If there are no listed species in your county or township, no critical habitat areas on or near your project area, or if your local FWS, NMFS, or State or Tribal Heritage Center indicates that listed species are not a concern in your part of the county or township, you may check box A on the Notice of Intent Form. • If there are listed species and if your local FWS, NMFS, or State or Tribal Heritage Center indicates that these species could exist on or near your project area, you will need to do one or more of the following: • Conduct visual inspections: This method may be particularly suitable for construction sites that are smaller in size or located in non-natural settings such as highly urbanized areas or industrial parks where there is little or no natural habitat, or for construction activities that discharge directly into municipal stormwater collection systems. • Conduct a formal biological survey. In some cases, particularly for larger construction sites with extensive stormwater discharges, biological surveys may be an appropriate way to assess whether species are located on or near the project area and whether there are likely adverse effects to such species. Biological surveys are frequently performed by environmental consulting firms. A biological survey may in some cases be useful in conjunction with Steps Two, Three, or Four of these instructions. • Conduct an environmental assessment under the National Environmental Policy Act (NEPA). Such reviews may indicate if listed species are in proximity to the project area. Coverage under the CGP does not trigger such a review because the CGP does not regulate new sources (that is, dischargers subject to New Source Performance Standards under section 306 of the Clean Water Act), and is thus statutorily exempted from NEPA. See CWA section 511(c). However, some construction activities might require review under NEPA for other reasons such as federal funding or other federal involvement in the project. • If listed threatened or endangered species or critical habitat are present in the project area, you must look at impacts to species and/or habitat when following Steps Two through Four. Note that many but not all measures imposed to protect listed species under these steps will also protect critical habitat. Thus, meeting the eligibility requirements of this CGP may require measures to protect critical habitat that are separate from those to protect listed species. Step Two: Determine if the Construction Activity’s Stormwater Discharges or Stormwater Discharge-Related Activities Are Likely to Adversely Affect Listed Threatened or Endangered Species or Designated Critical Habitat To receive CGP coverage, you must assess whether your stormwater discharges or stormwater discharge related activities is likely to adversely affect listed threatened or endangered species or designated critical habitat that are present on or near your project area. Potential adverse effects from stormwater discharges and stormwater discharge-related activities include: Small and Large Construction Activities C-2 General Permit • Hydrological. Stormwater discharges may cause siltation, sedimentation or induce other changes in receiving waters such as temperature, salinity or pH. These effects will vary with the amount of stormwater discharged and the volume and condition of the receiving water. Where a stormwater discharge constitutes a minute portion of the total volume of the receiving water, adverse hydrological effects are less likely. Construction activity itself may also alter drainage patterns on a site where construction occurs that can impact listed species or critical habitat. • Habitat. Excavation, site development, grading, and other surface disturbance activities from construction activities, including the installation or placement of stormwater BMPs, may adversely affect listed species or their habitat. Stormwater may drain or inundate listed species habitat. • Toxicity. In some cases, pollutants in stormwater may have toxic effects on listed species. The scope of effects to consider will vary with each site. If you are having difficulty determining whether your project is likely to adversely affect listed species or critical habitat, or one of the Services has already raised concerns to you, you must contact the appropriate office of the FWS, NMFS or Natural Heritage Center for assistance. If adverse effects are not likely, then you may check box E on the NOI form and apply for coverage under the CGP. If the discharge may adversely effect listed species or critical habitat, you must follow Step Three. Step Three: Determine if Measures Can Be Implemented to Avoid Adverse Effects If you make a preliminary determination that adverse effects are likely to occur, you can still receive coverage under Criterion E of Part 1.3.C.6 of the CGP if appropriate measures are undertaken to avoid or eliminate the likelihood of adverse effects prior to applying for CGP coverage. These measures may involve relatively simple changes to construction activities such as re-routing a stormwater discharge to bypass an area where where species are located, relocating BMPs, or by changing the “footprint” of the construction activity. You should contact the FWS and/or NMFS to see what appropriate measures might be suitable to avoid or eliminate the likelihood of adverse impacts to listed species and/or critical habitat. (See 50 CFR §402.13(b)). This can entail the initiation of informal consultation with the FWS and/or NMFS (described in more detail in Step Four). If you adopt measures to avoid or eliminate adverse affects, you must continue to abide by those measures for the duration of the construction project and coverage under the CGP. These measures must be described in the SWPPP and are enforceable CGP conditions and/or conditions for meeting the eligibility criteria in Part 1.3. If appropriate measures to avoid the likelihood of adverse effects are not available, you must follow Step Four. Step Four: Determine if the Eligibility Requirements of Criterion B, C, D, or F of Part 1.3.C.6 Can Be Met Where adverse effects are likely, likely, you must contact the FWS and/or NMFS. You may still be eligible for CGP coverage if any likely adverse effects can be addressed through meeting Criterion B, C, D, or F of Part 1.3.C.6 of the CGP. These criteria are as follows: Small and Large Construction Activities C-3 General Permit 1. An ESA Section 7 Consultation Is Performed for Your Activity (See Criterion B or C of Part 1.3.C.6 of the CGP). Formal or informal ESA section 7 consultation is performed with the FWS and/or NMFS that addresses the effects of your stormwater discharges and stormwater discharge-related activities on federally-listed and threatened species and designated critical habitat. FWS and/or NMFS may request that consultation take place if any actions are identified that may affect listed species or critical habitat. In order to be eligible for coverage under this permit, consultation must result in a “no jeopardy opinion” or a written concurrence by the Service(s) on a finding that your stormwater discharge(s) and stormwater dischargerelated activities are not likely to adversely affect listed species or critical habitat (For more information on consultation, see 50 CFR §402). If you receive a “jeopardy opinion,” you may continue to work with the FWS and/or NMFS and your permitting authority to modify your project so that it will not jeopardize listed species or designated critical habitat. Most consultations are accomplished through informal consultation. By the terms of this CGP, EPA has automatically designated operators as non-federal representatives for the purpose of conducting informal consultations. See Part 1.3.C.6 and 50 CFR §402.08 and §402.13. When conducting informal ESA section 7 consultation as a non-federal representative, you must follow the procedures found in 50 CFR Part 402 of the ESA regulations. You must notify FWS and/or NMFS of your intention and agreement to conduct consultation as a non-federal representative. Consultation may occur in the context of another federal action at the construction site (e.g., where ESA section 7 consultation was performed for issuance of a wetlands dredge and fill permit for the project or where a NEPA review is performed for the project that incorporates a section 7 consultation). Any terms and conditions developed through consultations to protect protect listed species and critical habitat must be incorporated into the SWPPP. As noted above, operators may, if they wish, initiate consultation with the Services at Step Four. Whether ESA section 7 consultation must be performed with either the FWS, NMFS or both Services depends on the listed species that may be affected by the operator’s activity. In general, NMFS has jurisdiction over marine, estuaries, and anadromous species. Operators should also be aware that while formal section 7 consultation provides protection from incidental takings liability, informal consultation does not. 2. An Incidental Taking Permit Under Section 10 of the ESA is Issued for the Operators Activity (See Criterion D of Part 1.3.C.6 of the CGP). Your construction activities are authorized through the issuance of a permit under section 10 of the ESA and that authorization addresses the effects of your stormwater discharge(s) and stormwater discharge-related activities on federally-listed species and designated critical habitat. You must follow FWS and/or NMFS procedures when applying for an ESA Section 10 permit (see 50 CFR §17.22(b)(1) for FWS and §222.22 Small and Large Construction Activities C-4 General Permit Small and Large Construction Activities C-5 for NMFS). Application instructions for section 10 permits for FWS and NMFS can be obtained by accessing the FWS and NMFS websites (http://www.fws.gov and http://www.nmfs.noaa.gov) or by contacting the appropriate FWS and NMFS regional office. 3. You are Covered Under the Eligibility Certification of Another Operator for the Project Area (See Criterion F of Part 1.3.C.6 of the CGP). Your stormwater discharges and stormwater discharge-related activities were already addressed in another operator’s certification of eligibility under Criteria A through E of Part 1.3.C.6 which also included your project area. For example, a general contractor or developer may have completed and filed an NOI for the entire project area with the necessary Endangered Species Act certifications (criteria A-E), subcontractors may then rely upon that certification and must comply with any conditions resulting from that process. By certifying eligibility under Criterion F of Part 1.3.C.6, you agree to comply with any measures or controls upon which the other operator’s certification under Criterion B, C, or D of Part 1.3.C.6 was based. Certification under Criterion F of Part 1.3.C.6 is discussed in more detail in the Fact Sheet that accompanies this permit. You must comply with any terms and conditions imposed under the eligibility requirements of Criterion A through F to ensure that your stormwater discharges and stormwater discharge-related activities are protective of listed species and/or critical habitat. Such terms and conditions must be incorporated in the project’s SWPPP. If the eligibility requirements of Part 1.3.C.6 cannot be met, then you are not eligible for coverage under the CGP. In these instances, you may consider applying to EPA for an individual permit. General Permit Appendix D -Small Construction Waivers and Instructions These waivers are only available to stormwater discharges associated with small construction activities (i.e., 1-5 acres). As the operator of a small construction activity, you may be able to qualify for a waiver in lieu of needing to obtain coverage under this general permit based on: (A) a low rainfall erosivity factor, (B) a TMDL analysis, or (C) an equivalent analysis that determines allocations for small construction sites are not needed. Each operator, otherwise needing permit coverage, must notify EPA of its intention for a waiver. It is the responsibility of those individuals wishing to obtain a waiver from coverage under this general permit to submit a complete and accurate waiver certification as described below. Where the operator changes or another is added during the construction project, the new operator must also submit a waiver certification to be waived. A. Rainfall Erosivity Waiver Under this scenario the small construction project’s rainfall erosivity factor calculation (“R” in the Revised Universal Soil Loss Equation) is less than 5 during the period of construction activity. The operator must certify to the EPA that construction activity will occur only when the rainfall erosivity factor is less than 5. The period of construction activity begins at initial earth disturbance and ends with final stabilization. Where vegetation will be used for final stabilization, the date of installation of a stabilization practice that will provide interim non-vegetative stabilization can be used for the end of the construction period, provided the operator commits (as a condition of waiver eligibility) to periodically inspect and properly maintain the area until the criteria for final stabilization as defined in the construction general permit have been met. If use of this interim stabilization eligibility condition was relied on to qualify for the waiver, signature on the waiver with its certification statement constitutes acceptance of and commitment to complete the final stabilization process. The operator must submit a waiver certification to EPA prior to commencing construction activities. Note: The rainfall erosivity factor “R” is determined in accordance with Chapter 2 of Agriculture Handbook Number 703, Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE), pages 21–64, dated January 1997; United States Department of Agriculture (USDA), Agricultural Research Service. EPA has developed an online rainfall erosivity calculator to help small construction sites determine potential eligibility for the rainfall erosivity waiver.You can access the calculator from EPA’s website at: www.epa.gov/npdes/stormwater/lew. The R factor can easily be calculated by using the construction site latitude/longitude or address and estimated start and end dates of construction. This calculator may also be useful in determining the time periods during which construction activity could be waived from permit coverage. You may find that moving your construction activity by a few weeks or expediting site stabilization will allow you to qualify for the waiver. Use this online calculator or the Construction Rainfall Erosivity Waiver Fact Sheet Small and Large Construction Activities D-1 General Permit (www.epa.gov/npdes/pubs/fact3-1.pdf) to assist in determining the R Factor for your small construction site. If you are the operator of the construction activity and eligible for a waiver based on low erosivity potential, you may submit a rainfall erosivity waiver electronically via EPA’s eNOI system (www.epa.gov/npdes/eNOI) or provide the following information on the waiver certification form in order to be waived from permitting requirements: 1. Name, address and telephone number of the construction site operators; 2. Name (or other identifier), address, county or similar governmental subdivision, and latitude/longitude of the construction project or site; 3. Estimated construction start and completion (i.e., final stabilization) dates, and total acreage (to the nearest quarter acre) to be disturbed; 4. The rainfall erosivity factor calculation that applies to the active construction phase at your project site; and 5. A statement, signed and dated by an authorized representative as provided provided in Appendix G, Subsection 11, that certifies that the construction activity will take place during a period when the value of the rainfall erosivity factor is less than five. You can access the waiver certification form from EPA’s website at: (http://www.epa.gov/npdes/pubs/construction_waiv er_form.pdf). Paper copies of the form must be sent to one of the addresses listed in Part D of this section. Note: If the R factor is 5 or greater, you cannot apply for the rainfall erosivity waiver, and must apply for permit coverage as per Subpart 2.1 of the construction general permit, unless you qualify for the Water Quality Waiver as described below. If your small construction project continues beyond the projected completion date given on the waiver certification, you must recalculate the rainfall erosivity factor for the new project duration. If the R factor is below five (5), you must update all applicable information on the waiver certification and retain a copy of the revised waiver as part of the site site SWPPP. The new waiver certification must be submitted prior to the projected completion date listed on the original waiver form to assure your exemption from permitting requirements is uninterrupted. If the new R factor is five (5) or above, you must submit an NOI as per Part 2. B. TMDL Waiver This waiver is available if EPA has established or approved a TMDL that addresses the pollutant(s) of concern and has determined that controls on stormwater discharges from small construction activity are not needed to protect water quality. The pollutant(s) of concern include sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. Information on TMDLs that have been established or approved by EPA is available from EPA online at http://www.epa.gov/owow/tmdl/and from state and tribal water quality agencies. Small and Large Construction Activities D-2 General Permit If you are the operator of the construction activity and eligible for a waiver based on compliance with an EPA established or approved TMDL, you must provide the following information on the Waiver Certification form in order to be waived from permitting requirements: 1. Name, address and telephone number of the construction site operator(s); 2. Name (or other identifier), address, county or similar governmental subdivision, and latitude/longitude of the construction project or site; 3. Estimated construction start and completion (i.e., final stabilization) dates, and total acreage (to the nearest quarter acre) to be disturbed; 4. The name of the water body(s) that would be receiving stormwater discharges from your construction project; 5. The name and approval date of the TMDL; 6. A statement, signed and dated by an authorized representative as provided in Appendix G, Subsection 11, that certifies that the construction activity will take place and that the stormwater discharges will occur, within the drainage area addressed by the TMDL. C. Equivalent Analysis Waiver This waiver is available for non-impaired waters only. The operator can develop an equivalent analysis that determines allocations for his small construction site for the pollutant(s) of concern or determines that such allocations are not needed to protect water quality. This waiver requires a small construction operator to develop an equivalent analysis based on existing in-stream concentrations, expected growth in pollutant concentrations from all sources, and a margin of safety. If you are a construction operator who wants to use this waiver, you must develop your equivalent analysis and provide the following information to be waived from permitting requirements: 1. Name, address and telephone number of the construction site operator(s); 2. Name (or other identifier), address, county or similar governmental subdivision, and latitude/longitude of the construction project or site; 3. Estimated construction start and completion (i.e., final stabilization) dates, and total acreage (to the nearest quarter acre) to be disturbed; 4. The name of the water bodies that would be receiving stormwater discharges from your construction project; 5. Your equivalent analysis; 6. A statement, signed and dated by an authorized representative as provided in Appendix G, Subsection 11, that certifies that the construction activity will take place and that the stormwater discharges will occur, within the drainage area addressed by the equivalent analysis. D. Waiver Deadlines and Submissions Small and Large Construction Activities D-3 General Permit Small and Large Construction Activities D-4 1. Waiver certifications must be submitted prior to commencement of construction activities. 2. If you submit a TMDL or equivalent analysis waiver request, you are not waived until EPA approves your request. As such, you may not commence construction activities until receipt of approval from EPA. 3. Late Notifications: Operators are not prohibited from submitting waiver certifications after initiating clearing, grading, excavation activities, or other construction activities. The Agency reserves the right to take enforcement for any unpermitted discharges that occur between the time construction commenced and waiver authorization is granted. Submittal of a waiver certification is an optional alternative to obtaining permit coverage for discharges of stormwater associated with small construction activity, provided you qualify for the waiver. Any discharge of stormwater associated with small construction activity not covered by either a permit or a waiver may be considered an unpermitted discharge under the Clean Water Act. As mentioned above, EPA reserves the right to take enforcement for any unpermitted discharges that occur between the time construction commenced and either discharge authorization is granted or a complete and accurate waiver certification is submitted. EPA may notify any operator covered by a waiver that they must apply for a permit. EPA may notify any operator who has been in noncompliance with a waiver that they may no longer use the waiver for future projects. Any member of the public may petition EPA to take action under this provision by submitting written notice along with supporting justification. Complete and accurate Rainfall Erosivity waiver certifications not otherwise submitted electronically via EPA’s eNOI system (www.epa.gov/npdes/eNOI) must be sent to one of the following addresses: Regular U.S. Mail Delivery EPA Stormwater Notice Processing Center Mail Code 4203M U.S. EPA 1200 Pennsylvania Avenue, NW Washington, DC 20460 Overnight/Express Mail Delivery EPA Stormwater Notice Processing Center Room 7420 U.S. EPA 1201Constitution Avenue, NW Washington, DC 20004 Complete and accurate TMDL or equivalent analysis waiver requests must be sent to the applicable EPA Region office specified in Appendix B. General Permit Appendix E -Notice of Intent Form and Instructions From the effective date of this permit, operators are to use the Notice of Intent Form contained in this Appendix to obtain permit coverage. Small and Large Construction Activities E-1 N (degrees, minutes, decimal) This Form Replaces Form 3510-9 (8-98) Refer to the Following Pages for Instructions Form Approved OMB Nos. 2040-0188 and 2040-0211 NPDES FORM United States Environmental Protection Agency Washington, DC 20460 Notice of Intent (NOI) for Storm Water Discharges Associated with Construction Activity Under an NPDES General Permit Submission of this Notice of Intent (NOI) constitutes notice that the party identified in Section II of this form requests authorization to discharge pursuant to the NPDES Construction General Permit (CGP) permit number identified in Section I of this form. Submission of this NOI also constitutes notice that the party identified in Section II of this form meets the eligibility requirements of the CGP for the project identified in Section III of this form. Permit coverage is required prior to commencement of construction activity until you are eligible to terminate coverage as detailed in the CGP. To obtain authorization, you must submit a complete and accurate NOI form. Refer to the instructions at the end of this form. I. Permit Number II. Operator Information Name: IRS Employer Identification Number (EIN): – Mailing Address: Street: City: State: Zip Code: -Phone: --Fax (optional): --E-mail: III. Project/Site Information Project/Site Name: Project Street/Location: City: State: Zip Code: -County or similar government subdivision: Latitude/Longitude (Use one of three possible formats, and specify method) Latitude 1. __ __° __ __΄ __ __˝ N (degrees, minutes, seconds) 2. __ __° __ __. __ __΄ 3. __ __. __ __ __ __° N ( degrees decimal) Longitude 1. __ __ __° __ __΄ __ __˝ W (degrees, minutes, seconds) 2. __ __ __° __ __. __ __΄ W (degrees, minutes, decimal) 3. __ __ __. __ __ __ __° W (degrees decimal) Method: U.S.G.S. topographic map EPA web site GPS Other: If you used a U.S.G.S. topographic map, what was the scale? ________________________________________________________ Project located in Indian Country? YES NO If yes, name of reservation, or if not part of a reservation, put “Not Applicable:” ___________________________________________ Estimated Project Start Date: //Estimated Project Completion Date: //Month Day Year Month Day Year Estimated Area to be Disturbed (to the nearest quarter acre): . EPA FORM 3510-9 (Rev. 11/2008) Page 1 of 4 IV. SWPPP Information Has the SWPPP been prepared in advance of filing this NOI? YES NO Location of SWPP for Viewing: Address in Section II Address in Section III Other If other: SWPPP Street: City: State: Zip Code: -SWPPP Contact Information (if different than that in Section II): Name: Phone: --Fax (optional): --E-mail: V. Discharge Information Identify the name(s) of waterbodies to which you discharge. ___________________________________________________________________ ____________________________________________________________________________________________ _______________________ Is this discharge consistent with the assumptions and requirements of applicable EPA approved or established TMDL(s)? YES NO VI. Endangered Species Protection Under which criterion of the permit have you satisfied your ESA eligibility obligations? A B C D E F If you select criterion F, provide permit tracking number of operator under which you are certifying eligibility: VII. Certification Information 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. Print Name: Title: Signature: _____________________________________________________________________________ Date: E-mail: ________________________________________________________________________________ NOI Preparer (Complete if NOI was prepared by someone other than the certifier) Prepared by: Organization: Phone: --Ext. E-mail: EPA FORM 3510-9 (Rev. 11/2008) Page 2 of 4 Instructions for Completing EPA Form 3510-9 Notice of Intent (NOI) for Storm Water Discharges Associated with Construction Activity Under an NPDES General Permit NPDES Form Date This Form Replaces Form 3510-9 (8/98) Form Approved OMB Nos. 2040-0188 and 2040-0211 Who Must File an NOI Form Under the provisions of the Clean Water Act, as amended (33 U.S.C. 1251 et. seq.; the Act), federal law prohibits storm water discharges from certain construction activities to waters of the U.S. unless that discharge is covered under a National Pollutant Discharge Elimination System (NPDES) Permit. Operator(s) of construction sites where one or more acres are disturbed, smaller sites that are part of a larger common plan of development or sale where there is a cumulative disturbance of at least one acre, or any other site specifically designated by the Director, must submit an NOI to obtain coverage under an NPDES general permit. Each person, firm, public organization, or any other entity that meets either of the following following criteria must file this form: (1) they have operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (2) they have day-to-day operational control of those activities at the project necessary to ensure compliance with SWPPP requirements or other permit conditions. If you have questions about whether you need an NPDES storm water permit, or if you need information to determine whether EPA or your state agency is the permitting authority, refer to www.epa.gov/npdes/stormwater/cgp or telephone the Storm Water Notice Processing Center at (866) 352-7755. Where to File NOI Form See the applicable CGP for information on where to send your completed NOI form. Completing the Form Obtain and read a copy of the appropriate EPA Storm Water Construction General Permit for your area. To complete this form, type or print uppercase letters, in the appropriate areas only. Please place each character between the marks (abbreviate if necessary to stay within the number of characters allowed for each item). Use one space for breaks between words, but not for punctuation marks unless they are needed to clarify your response. If you have any questions on this form, refer to www.epa.gov/npdes/stormwater/cgp or telephone the Storm Water Notice Processing Center at (866) 352-7755. Please submit original document with signature in ink . do not send a photocopied signature. Section I. Permit Number Provide the number of the permit under which you are applying for coverage (see Appendix B of the general permit for the list of eligible permit numbers). Section II. Operator Information Provide the legal name of the person, firm, public organization, or any other entity that operates the project described in this application. An operator of a project is a legal entity that controls at least a portion of site operations and is not necessarily the site manager. Provide the employer identification number (EIN from the Internal Revenue Service; IRS), also commonly referred to as your taxpayer ID. If the applicant does not have an EIN enter “NA” in the space provided. Also provide the operator’s mailing address, telephone number, fax number (optional) and e-mail address (to be notified via e-mail of NOI approval when available). Correspondence for the NOI will be sent to this address. Section III. Project/Site Information Enter the official or legal name and complete street address, including city, state, zip code, and county or similar government subdivision of the project or site. If the project or site lacks a street address, indicate the general location of the site (e.g., Intersection of State Highways 61 and 34). Complete site information must be provided for permit coverage to be granted. The applicant must also provide the latitude and longitude of the facility either in degrees, minutes, seconds; degrees, minutes, decimal; or decimal format. The latitude and longitude of your facility can be determined in several different ways, including through the use of global positioning system (GPS) receivers, U.S. Geological Survey (U.S.G.S.) topographic or quadrangle maps, and EPA’s web-based siting tools, among others. Refer to www.epa.gov/npdes/stormwater/cgp for further guidance on the use of these methodologies. For consistency, EPA requests that measurements be taken from the approximate center of the construction site. Applicants must specify which method they used to determine latitude and longitude. If a U.S.G.S. topographic map is used, applicants are required to specify the scale of the map used. Indicate whether the project is in Indian country, and if so, provide the name of the Reservation. If the project is in Indian Country Lands that are not part of a Reservation, indicate “not applicable” in the space provided. Enter the estimated construction start and completion dates using four digits for the year (i.e., 05/27/1998). Enter the estimated area to be disturbed including but not limited to: grubbing, excavation, grading, and utilities and infrastructure installation. Indicate to the nearest quarter acre. Note: 1 acre = 43,560 sq. ft. Section IV. SWPPP Information Indicate whether or not the SWPPP was prepared in advance of filing the NOI form. Check the appropriate box for the location where the SWPPP may be viewed. Provide the name, fax number (optional), and e-mail address of the contact person if different than that listed in Section II of the NOI form. Section V. Discharge Information Enter the name(s) of receiving waterbodies to which the project’s storm water will discharge. These should be the first bodies of water that the discharge will reach. (Note: If you discharge to more than one waterbody, please indicate all such waters in the space provided and attach a separate sheet if necessary.) For example, if the discharge leaves your EPA FORM 3510-9 (Rev. 11/2008) Page 3 of 4 Instructions for Completing EPA Form 3510-9 Notice of Intent (NOI) for Storm Water Discharges Associated with Construction Activity Under an NPDES General Permit NPDES Form Date This Form Replaces Form 3510-9 (8/98) Form Approved OMB Nos. 2040-0188 and 2040-0211 site and travels through a roadside swale or a storm sewer and then enters a stream that flows to a river, the stream would be the receiving waterbody. Waters of the U.S. include lakes, streams, creeks, rivers, wetlands, impoundments, estuaries, bays, oceans, and other surface bodies of water within the confines of the U.S. and U.S. coastal waters. Waters of the U.S. do not include man-made structures created solely for the purpose of wastewater treatment. U.S. Geological Survey topographical maps may be used to make this determination. If the map does not provide a name, use a format such as “unnamed tributary to Cross Creek”. If you discharge into a municipal separate storm sewer system (MS4), you must identify the waterbody into which that portion of the storm sewer discharges. That information should be readily available from the operator of the MS4. Indicate whether your storm water discharges from construction activities will be consistent with the assumptions and requirements of applicable EPA approved or established TMDL(s). To answer this question, refer to www.epa.gov/npdes/stormwater/cgp for state-and regionalspecific TMDL information related to the construction general permit. You may also have to contact your EPA regional office or state agency. If there are no applicable TMDLs or no related requirements, please check the “yes” box in the NOI form. Section VI. Endangered Species Information Indicate for which criterion (i.e., A, B, C, D, E, or F) of the permit the applicant is eligible with regard to protection of federally listed endangered and threatened species, and designated critical habitat. See Part 1.3.C.6 and Appendix C of the permit. If you select criterion F, provide the permit tracking number of the operator under which you are are certifying eligibility. The permit tracking number is the number assigned to the operator by the Storm Water Notice Processing Center after EPA acceptance of a complete NOI. Section VII. Certification Information All applications, including NOIs, must be signed as follows: For a corporation: By a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or For a municipality, state, federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this Part, a principal executive officer of a federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). Include the name, title, and email address of the person signing the form and the date of signing. An unsigned or undated NOI form will not be considered eligible for permit coverage. If the NOI was prepared by someone other than the certifier (for example, if the NOI was prepared by the facility SWPPP contact or a consultant for the certifier’s signature), include the name, organization, phone number and email address of the NOI preparer. Paperwork Reduction Act Notice Public reporting burden for this application is estimated to average 3.7 hours. This estimate includes time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments regarding the burden estimate, any other aspect of the collection of information, or suggestions for improving this form, including any suggestions which may increase or reduce this burden to: Chief, Information Policy Branch 2136, U.S. Environmental Protection, Agency, 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include the OMB control number on any correspondence. Do not send the completed form to this address. Visit this website for mailing instructions: www.epa.gov/npdes/stormwater/mail Visit this website for instructions on how to submit electronically: www.epa.gov/npdes/stormwater/enoi EPA FORM 3510-9 (Rev. 11/2008) Page 4 of 4 General Permit Appendix F -Notice of Termination Form and Instructions From the effective date of this permit, operators are to use the Notice of Termination Form contained in this Appendix to terminate permit coverage. Small and Large Construction Activities F-1 This Form Replaces Form 3517-7 (8-98) Refer to the Following Page for Instructions Form Approved OMB Nos. 2040-0086 and 2040-0211 NPDES FORM United States Environmental Protection Agency Washington, DC 20460 Notice of Termination (NOT) of Coverage Under an NPDES General Permit for Stormwater Discharges Associated with Construction Activity Submission of this Notice of Termination constitutes notice that the party identified in Section II of this form is no longer authorized to discharge stormwater associated with construction activity under the NPDES program from the site identified in Section III of this form. All necessary information must be included on this form. Refer to the instructions at the end of this form. I. Permit Information NPDES Stormwater General Permit Tracking Number: Reason for Termination (Check only one): Final stabilization has been achieved on all portions of the site for which you are responsible. Another operator has assumed control, according to Appendix G, Section 11.C of the CGP, over all areas of the site that have not been finally stabilized. Coverage under an alternative NPDES permit has been obtained. For residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner. II. Operator Information Name: IRS Employer Identification Number (EIN): – Mailing Address: Street: City: State: Zip Code: -Phone: --Fax (optional): --E-mail: III. Project/Site Information Project/Site Name: Project Street/Location: City: State: Zip Code: -County or similar government subdivision: IV. Certification Information 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. Print Name: ______________________________________________________________________________________________________ Print Title: ___________________________________________________________ _____________________________________________ Email: __________________________________________________________________________________________________________ Signature: ____________________________ ___________________________________________________________________________ Date: ___________________________________________________________________________________________________________ EPA Form 3510-13 (Rev. 12/08) Page 1 of 2 EPA Form 3510-13 (Rev. 12/08) Page 2 of 2 Instructions for Completing EPA Form 3510-13 Notice of Termination (NOT) of Coverage Under an NPDES General Permit for Stormwater Discharges Associated with Construction Activity NPDES Form This Form Replaces Form 3517-7 (8-98) Form Approved OMB Nos. 2040-0086 and 2040-0211 Who May File an NOT Form Permittees who are presently covered under the EPA-issued National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activity may submit an NOT form when final stabilization has been achieved on all portions of the site for which you are responsible; another operator has assumed control in accordance with Appendix G, Section 11.C of the General Permit over all areas of the site that have not been finally stabilized; coverage under an alternative NPDES permit has been obtained; or for residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner. “Final stabilization” means that all soil disturbing activities at the site have been completed and that a uniform perennial vegetative cover with a density of at least 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. See “final stabilization” definition in Appendix A of the Construction General Permit for further guidance where background native vegetation covers less than 100 percent of the ground, in arid or semi-arid areas, for individual lots in residential construction, and for construction projects on land used for agricultural purposes. Completing the Form Type or print, using uppercase letters, in the appropriate areas only. Please place each character between the marks. Abbreviate if necessary to stay within the number of characters allowed for each item. Use only one space for breaks between words, but not for punctuation marks unless they are needed to clarify your response. If you have any questions about this form, refer to www.epa.gov/npdes/stormwater/cgp or telephone the Stormwater Notice Processing Center at (866) 352-7755. Please submit original document with signature in ink -do not send a photocopied signature. Section I. Permit Number Enter the existing NPDES Stormwater General Permit Tracking Number assigned to the project by EPA’s Stormwater Notice Processing Center. If you do not know the permit tracking number, refer to www.epa.gov/npdes/stormwater/cgp or contact the Stormwater Notice Processing Center at (866) 352-7755. Indicate your reason for submitting this Notice of Termination by checking the appropriate box. Check only one: Final stabilization has been achieved on all portions of the site for which you are responsible. Another operator has assumed control according to Appendix G, Section 11.C over all areas of the site that have not been finally stabilized. Coverage under an alternative NPDES permit has been obtained. For residential construction only, if temporary stabilization has been completed and the residence has been transferred to the homeowner. Section II. Operator Information Provide the legal name of the person, firm, public organization, or any other entity that operates the project described in this application and is covered by the permit tracking number identified in Section I. The operator of the project is the legal entity that controls the site operation, rather than the site manager. Provide the employer identification number (EIN from the Internal Revenue Service; IRS). If the applicant does not have an EIN enter “NA” in the space provided. Enter the complete mailing address, telephone number, and email address of the operator. Optional: enter the fax number of the operator. Section III. Project/Site Information Enter the official or legal name and complete street address, including city, state, zip code, and county or similar government subdivision of the project or site. If the project or site lacks a street address, indicate the general location of the site (e.g., Intersection of State Highways 61 and 34). Complete site information must be provided for termination of permit coverage to be valid. Section IV. Certification Information All applications, including NOIs, must be signed as follows: For a corporation: By a responsible corporate officer. For the purpose of this Part, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or For a municipality, state, federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this Part, a principal executive officer of a federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). Include the name, title, and email address of the person signing the form and the date of signing. An unsigned or undated NOT form will not be considered valid termination of permit coverage. Paperwork Reduction Act Notice Public reporting burden for this application is estimated to average 0.5 hours per notice, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments regarding the burden estimate, any other aspect of the collection of information, or suggestions for improving this form including any suggestions which may increase or reduce this burden to: Chief, Information Policy Branch, 2136, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. Include the OMB number on any correspondence. Do not send the completed form to this address. Visit this website for mailing instruction: www.epa.gov/npdes/stormwater/mail Visit this website for instructions on how to submit electronically: www.epa.gov/npdes/stormwater/enoi General Permit Appendix G -Standard Permit Conditions STANDARD PERMIT CONDITIONS 1. Duty To Comply You must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. A. You must comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. B. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. Small and Large Construction Activities G-1 General Permit C. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). 2. Duty to Reapply If you wish to continue an activity regulated by this permit after the expiration date of this permit, you must apply for and obtain a new permit. 3. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for you in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 4. Duty to Mitigate You must take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 5. Proper Operation and Maintenance You must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by you to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems which are installed by you only when the operation is necessary to achieve compliance with the conditions of this permit. 6. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. Your filing of a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 7. Property Rights This permit does not convey any property rights of any sort, or any exclusive privileges. 8. Duty to Provide Information You must furnish to EPA, within a reasonable time, any information which EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. You must also furnish to EPA upon request, copies of records required to be kept by this permit. Small and Large Construction Activities G-2 General Permit 9. Inspection and Entry You must allow EPA, or an authorized representative (including an authorized contractor acting as a representative of the Administrator), upon presentation of credentials and other documents as may be required by law, to: A. Enter upon your premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; B. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and D. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 10. Monitoring and Records A. Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity. B. You must retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of EPA at any time. C. Records of monitoring information must include: 1. The date, exact place, and time of sampling or measurements; 2. The individual(s) who performed the sampling or measurements; 3. The date(s) analyses were performed 4. The individual(s) who performed the analyses; 5. The analytical techniques or methods used; and 6. The results of such analyses. D. Monitoring results must be conducted according to test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, unless other test procedures have been specified in the permit. E. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 11. Signatory Requirements A. All applications, including NOIs, must be signed as follows: 1. For a corporation: By a responsible corporate officer. For the purpose of this Part, a responsible corporate officer means: (i) a president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business function, or any Small and Large Construction Activities G-3 General Permit other person who performs similar policy-or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or 3. For a municipality, state, federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this Part, a principal executive officer of a federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). B. All reports required by this permit, including SWPPPs, must be signed by a person described in Appendix G, Subsection 11.A above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described in Appendix G, Subsection 11.A; 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and 3. The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested. C. Changes to Authorization. If an authorization under Part 2.1 is no longer accurate because a different operator has responsibility for the overall operation of the construction site, a new NOI satisfying the requirements of Part 2.1 must be submitted to EPA prior to or together with any reports, information, or applications to be signed by an authorized representative. The change in authorization must be submitted within the time frame specified in Part 2.4, and sent to the address specified in Part 2.2. D. Any person signing documents required under the terms of this permit must include the following certification: “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 Small and Large Construction Activities G-4 General Permit 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.” E. The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or non-compliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both. 12. Reporting Requirements A. Planned changes. You must give notice to EPA as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 1. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR §122.29(b); or 2. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR §122.42(a)(1). B. Anticipated noncompliance. You must give advance notice to EPA of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. C. Transfers. This permit is not transferable to any person except after notice to EPA. EPA may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. (See 40 CFR §122.61; in some cases, modification or revocation and reissuance is mandatory.) D. Monitoring reports. Monitoring results must be reported at the intervals specified elsewhere in this permit. 1. Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms provided or specified by EPA for reporting results of monitoring of sludge use or disposal practices. 2. If you monitor any pollutant more frequently than required by the permit using test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, or as specified in the permit, the results of this monitoring must be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by EPA. 3. Calculations for all limitations which require averaging of measurements must use an arithmetic mean. E. Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit must be submitted no later than 14 days following each schedule date. F. Twenty-Twenty-four hour reporting. Small and Large Construction Activities G-5 General Permit 1. You must report any noncompliance which may endanger health or the environment. Any information must be provided orally within 24 hours from the time you become aware of the circumstances. A written submission must also be provided within five days of the time you become aware of the circumstances. The written submission must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 2. The following shall be included as information which must be reported within 24 hours under this paragraph. a. Any unanticipated bypass which exceeds any effluent limitation in the permit. (See 40 CFR §122.41(g).) b. Any upset which exceeds any effluent limitation in the permit c. Violation of a maximum daily discharge limitation for any of the pollutants listed by EPA in the permit to be reported within 24 hours. (See 40 CFR §122.44(g).) 13. EPA may waive the written report on a case-by-case basis for reports under Appendix G, Subsection 12.F.2 if the oral report has been received within 24 hours. G. Other noncompliance. You must report all instances of noncompliance not reported under Appendix G, Subsections 12.D, 12.E, and 12.F, at the time monitoring reports are submitted. The reports must contain the information listed in Appendix G, Subsection 12.F. H. Other information. Where you become aware that you failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Permitting Authority, you must promptly submit such facts or information. 13. Bypass A. Definitions. 1. Bypass means the intentional diversion of waste streams from any portion of a treatment facility 2. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. B. Bypass not exceeding limitations. You may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Appendix G, Subsections 13.C and 13.D. C. Notice– 1. Anticipated bypass. If you know in advance of the need for a bypass, you must submit prior notice, if possible at least ten days before the date of the bypass. 2. Unanticipated bypass. You must submit notice of an unanticipated bypass as required in Appendix G, Subsection 12.F (24-hour notice). Small and Large Construction Activities G-6 General Permit Small and Large Construction Activities G-7 D. Prohibition of bypass. 1. Bypass is prohibited, and EPA may take enforcement action against you for bypass, unless: a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. You submitted notices as required under Appendix G, Subsection 13.C. 2. EPA may approve an anticipated bypass, after considering its adverse effects, if EPA determines that it will meet the three conditions listed above in Appendix G, Subsection 13.D.1. 14. Upset A. Definition. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond your reasonable control. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. B. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Appendix G, Subsection 14.C are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 1. An upset occurred and that you can identify the cause(s) of the upset; 2. The permitted facility was at the time being properly operated; and 3. You submitted notice of the upset as required in Appendix G, Subsection 12.F.2.b(24 hour notice). 4. You complied with any remedial measures required under Appendix G, Section 4. D. Burden of proof. In any enforcement proceeding, you, as the one seeking to establish the occurrence of an upset, has the burden of proof. J:\N\N0655\GIS-PDFS\usgs.pdf V:\Projects\N\N0655\usgs.mxd POLICE HEADQUARTERS 29 CENTER STREET NORTHAMPTON, MASSACHUSETTS Tighe&Bond SCALE 1:25,000 FIGURE 1 SITE LOCUS Mass. " BASED ON USGS TOPOGRAPHIC MAP FOR EASTHAMPTON & MOUNT HOLYOKE MASSACHUSETTS QUADRANGLES REVISED 1979 10-FOOT CONTOUR INTERVALμ 1,000 500 0 1,000 Feet SITE LOCATION CIRCLES INDICATE 500-FOOT AND 1/2-MILE RADII. AUGUST 2008 Northampton Police Headquarters, 29 Center Street, Northampton, Massachusetts Storm Water Pollution Prevention Plan Form 1 -Weekly Inspection Report J:\N\N0655\SWPPP\Inspection Forms.xls\1 -Weekly Inspection Report 2/20/2009 New form to be completed on a weekly basis Inspector Contractor Date Rainfall in past week (Day/description) Stabilization Method Erosion & Sediment Controls A -Active area, no stabiliz. implemented O -Other (Describe) CD -Check Dam O -Other Location B -Bituminous concrete S -Stone, Crushed or Rip-Rap HB -Hay Bale SF -Silt Fence F -Fabric, Geotextile T -Tracking by Machinery HB/SF-Hay Bale Sile Fence Comb. SB -Sediment Basin G -Gravel U -Undisturbed IP -Inlet Protection at Catch Basin ST -Sediment Trap Specific Area(s) Inspected Type of Control Condition (Good /Poor) Notes /Action Taken Type of Control Condition (Good /Poor) Notes /Action Taken Northampton Police Headquarters, 29 Center Street, Northampton, Massachusetts Storm Water Pollution Prevention Plan Form 2 -Revisions to the SWPPP To be completed by Project Supervisor if the procedures and controls under the current SWPPP do not adequately control runoff. Project Supervisor Contractor Date of Current SWPPP Date of SWPPP Revision Location Current SWPPP Procedure Reason for Revision Proposed Revision Other Notes /Comments 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. Signature Date J:\N\N0655\SWPPP\Inspection Forms.xls\2 -SWPPP Revisions 2/20/2009 Northampton Police Headquarters, 29 Center Street, Northampton, Massachusetts Storm Water Pollution Prevention Plan J:\N\N0655\SWPPP\Inspection Forms.xls\3 -Comments and Observation 2/20/2009 Form 3 -Miscellaneous Comments and Observations To be completed by the Project Supervisor to address miscellaneous comments, observations or actions not included in the other forms. Inspector Contractor Engineer Date ID Comment or Observation 123 PROJECT CERTIFICATION PROJECT Stormwater Pollution Prevention Plan (SWPPP) Northampton Police Headquarters, 29 Center Street Northampton, Massachusetts The following certification is required under Appendix G, Section 11.D of the CGP. This Certification must remain with the SWPPP and must be submitted to EPA upon request. 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. OWNER: Name: Representative: Title: Signature: Date: SWPPP – Northampton Police Headquarters, 29 Center Street, Northampton, MA PROJECT CERTIFICATION SWPPP – Northampton Police Headquarters, 29 Center Street, Northampton, MA PROJECT Stormwater Pollution Prevention Plan (SWPPP) Northampton Police Headquarters, 29 Center Street Northampton, Massachusetts The following certification is required under Appendix G, Section 11.D of the CGP. This Certification must remain with the SWPPP and must be submitted to EPA upon request. 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. CONTRACTOR: Name: Representative: Title: Signature: Date: New Police Headquarters Northampton, MA CBA Project #200738 Erosion and Sedimentation Control 31 25 00 -1 Erosion and Sedimentation Control 31 25 00 PART 1 GENERAL 1.01 GENERAL PROVISIONS A. Attention is directed to the CONTRACT AND GENERAL CONDITIONS and all Sections within DIVISION 01 -GENERAL REQUIREMENTS which are hereby made a part of this Section of the Specifications. 1.02 SECTION INCLUDES A. Overview of erosion and sedimentation control requirements and procedures. 1.03 RELATED SECTIONS A. 01 33 29 General LEED® Requirements B. 310500 Soils for Earthwork C. 32 93 00 Plants 1.04 REFERENCES A. U.S. Environmental Protection Agency, Office of Water. “Chapter 3: Sediment and Erosion Control” and Chapter 4: Other Controls”. Document No. EPA 832-R-92-005 Storm Water Management for Construction Activities. 1992. B. U.S. Green Building Council. “Sustainable Sites Prerequisite 1: Erosion & Sedimentation Control”. Leadership in Energy and Environmental Design Reference Package for New Construction & Major Renovations (LEED-NC) Version 2.2. 2007. 1.05 OBJECTIVES A. Prevent the loss of soil from the construction site resulting from storm water runoff, wind erosion, and construction activities. B. Prevent the sedimentation of storm sewers and receiving waters. C. Prevent air pollution caused by dust and particulate matter. D. Meet or exceed the requirements of LEED-NC Version 2.2 Sustainable Sites Prerequisite 1 “Erosion & Sedimentation Control” which specifies compliance with EPA832/R-92-005 (September 1992), Storm Water Management for Construction Activities, Chapter 3, or local erosion and sedimentation control standards and codes, whichever is more stringent. 1.06 DESCRIPTION OF WORK A. The site superintendent (or other person designated by the Contractor) shall be responsible for all aspects of LEED coordination (during construction) related to erosion and sedimentation control. B. Erosion and sedimentation control activities shall include: 1. Implementing erosion and sedimentation control measures shown on the the drawings and described in this Section 2. Installing erosion and sedimentation control products in accordance with manufacturer instructions and the prescribed installation procedures in the referenced EPA document 3. Supervising on site erosion and sedimentation control activities on a daily basis New Police Headquarters Northampton, MA CBA Project #200738 Erosion and Sedimentation Control 31 25 00 -2 4. Coordinating erosion and sedimentation control tasks with subcontractors to ensure timely and orderly progress of the work 5. Conducting erosion and sedimentation control inspections and making necessary repairs 6. Maintaining an erosion and sedimentation control inspection log to document observations, deficiencies and corrective actions 7. Preparing erosion and sedimentation control documentation and submittals as detailed herein 8. Reporting erosion and sedimentation control progress to the Consultant 1.07 LEED KICK-OFF MEETING A. Prior to mobilization on-site, the Contractor shall hold a kick-off meeting with the Consultant to review erosion and sedimentation control requirements. This meeting shall include a review of: 1. Erosion and sedimentation control objectives 2. Erosion and sedimentation control requirements and procedures 3. Erosion and sedimentation control documentation and submittals 1.08 SUBMITTALS A. Storm Water Pollution Prevention Plan B. Schedule E1 – ESC Inspection and Photograph Checklist 1. Using the checklist for reference, conduct an inspection of all erosion and sedimentation control measures implemented onsite each week and following any significant storm event (0.5 inches of precipitation or greater). 2. Inspections shall commence when the site is “disturbed” (i.e. when site work begins) and carry through until final landscaping is complete. 3. Provide a minimum of 3 digital photographs of each ESC measure implemented on-site. Record the date each photograph was taken in the checklist. Photographs are required at the following occasions: a. Immediately following installation, b. In-situ and, c. At the end of construction or prior to removal, whichever comes first 4. Coordinate with photo requirements of General LEED Requirements 01 33 29 1.10A. 5. Submit the completed checklist and accompanying photos to the Consultant after construction and prior to Contractor demobilization. C. Schedule E2 – ESC Inspection Log 1. Complete the log on a weekly basis. The log shall commence when the site is “disturbed” (i.e. when site work begins) and carry through until final landscaping is complete. 2. The inspection log shall be completed for each inspection and must document: a. Deficiencies related to the measures listed in Storm Water Pollution Prevention Plan b. Schedule E1 – ESC Inspection and Photograph Checklist and, c. Corrective actions taken to remedy the deficiencies 3. Each deficiency must be initialed and each log signed after all corrective measures have been completed and documented. New Police Headquarters Northampton, MA CBA Project #200738 Erosion and Sedimentation Control 31 25 00 -3 4. Submit an up-to-date copy of the ESC Inspection Log to the Consultant on a monthly basis. 5. Submit a compilation of the completed logs to the Consultant after construction and prior to Contractor demobilization. 1.09 COMPLIANCE WITH EPA PHASE II STORMWATER PROGRAM A. The Project involves an overall disturbance of greater than 1 acre and is therefore under jurisdiction of the EPA Phase II Stormwater Program. Comply with the program in accordance with EPA Phase II General Permit issued for the Commonwealth of Massachusetts in September 2008 including the following: 1. Prepare a Storm Water Pollution Prevention Plan (SWPPP) and maintain a copy on site throughout construction period. 2. Submit a Notice of Intent (NOI) prior to commencement of work. 3. Post NOI at site entrance. 4. Comply with SWPPP including control of stormwater and non-stormwater discharges through use of structural and non-structural structural best management practices, inspections, maintenance activities, and emergency response. 5. Submit a Notice of Termination following completion of restoration. B. The General Contractor is responsible for the development, management and compliance of the SWPPP. New Police Headquarters Northampton, MA CBA Project #200738 Erosion and Sedimentation Control 31 25 00 -4 PART 2 PRODUCTS 2.01 STRAW BALES A. Straw bales required for siltation control shall be wire tied bales of the type normally used for siltation or erosion control or construction projects. 2.02 FILTER FABRIC A. Filter fabric should be a pervious sheet of polypropylene, nylon, polyester, polyethylene, or equivalent and have the following characteristics: 1. Filtering Efficiency: 75%-85% (min.) 2. Coefficient of permeability: At least 0.0009 cm/sec 3. Tensile Strength at 20% (maximum) Elongation: Standard Strength = 30 lb/linear in. (min.), Extra Strength = 50 lb/linear in. (min.) 4. Weight 2.5 ounces/yd2 (min.) 5. Thickness: 17 mils (min.) 6. Water flow rate: 40 gal/min/yd2 (min) 7. Slurry Flow Rate: 0.3 gal/ft2/min (min.) 8. The material shall be equal to 100x as manufactured by Mirafi, Inc., Charlotte, North Carolina; Amoco 2130 by Nilex, Inc., Centennial, CO; MISF 180 by Mutual Industries, PA; or equal. 2.03 SEDIMENT TRAPPING DEVICES A. Sediment trapping devices shall be Siltsack®, Dandy Bag II®, or equal. 2.04 MULCH A. Hay mulch shall consist of mowed cured grass, clover, alfalpha, timothy, oats, or wheat. No salt hay shall be used. PART 3 EXECUTION 3.01 PROCEDURES A. Installation 1. Install erosion and sedimentation control products as per this Section and drawing C-00. 2. Install erosion and sedimentation control products in accordance with manufacturer instructions and the prescribed installation procedures in the referenced EPA document. B. General Practices 1. Site Arrangement a. All construction trailers and equipment shall be positioned to reduce the disturbance of the site. They shall be located close to the current phase of construction to minimize traffic damage to the site. New Police Headquarters Northampton, MA CBA Project #200738 Erosion and Sedimentation Control 31 25 00 -5 2. Stabilized Construction Entrance (SCE) a. Construct a SCE before construction begins at every point where traffic leaves the site and enters onto a public road and/or any unpaved entrance/exit location where there is a risk of transporting mud or sediment onto paved roads. b. The SCE must be at least 3.65m wide, with room for two vehicles to pass at high traffic areas, and constructed of 50mm dia. clear stone, 150mm dia. rip rap, and filter fabric with the following characteristics: 1) Grab Tensile Strength: 220lbs; 2) Elongation Failure: 60%; 3) Mullen Burst Strength: 430lbs; 4) Puncture Strength: 125lbs; 5) Equivalent Opening: Size 40-80 (US std Sieve). 3. Material Stockpiling a. If material that has been stockpiled and will not be used within 14 days, it must be stabilized using one of the following measures: 1) Temporary Seeding 2) Tarps 3) Compaction 4) Surface Roughening C. Stabilization Practices 1. Soil Retaining Measures a. Use skeleton sheeting, continuous sheeting, or permanent retaining walls to hold in place loose or unstable soil where other soil retaining methods of soil retention are not practical. 2. Dust Control a. Apply vegetative cover, mulch, spray-on adhesives, calcium chloride, sprinkling, stone, or barriers on open dry areas of soil as specified on drawings. b. During the Work on-site, all paved road and driveway surfaces shall be scraped and broomed free of excavated materials on a daily basis. The surfaces shall be hosed down or otherwise treated to eliminate active or potential dust conditions and the natural road or wearing surface shall be exposed. c. Ensure that the existing equipment, facilities, and occupied space adjacent to or nearby areas of the work do not come in contact with dust or debris as a result of concrete demolition, excavation or surface preparation for coatings. D. Structural Practices 1. Silt Fence a. Construct posts with a filter fabric media to remove sediment from storm water volumes flowing through the fence. b. The lower edge of the fence is to be vertically trenched and covered by backfill. 2. Outlet Protection New Police Headquarters Northampton, MA CBA Project #200738 Erosion and Sedimentation Control 31 25 00 -6 a. Install stone, riprap, concrete aprons, paved sections, or settling basins at all pipe, interceptor dike, swale, or channel section outlets where the velocity of flow may cause erosion or pools at the outlet of an erosion and sedimentation control measure. 3. Inlet Protection a. Install straw bales, stone, concrete masonry units and stone, filter fabric, or silt fences around catch basins and manhole covers to prevent silting of inlets, storm drainage systems, or receiving channels. 4. Sediment Trap a. Excavate a pond area or construct earthen embankments to allow for settling of sediment from storm water volumes. b. Incorporate temporary seeding, mulching, and/or earth dike per installation procedures to reduce erosion of banks. c. Use a sediment trap for small drainage areas, no more than 2 hectares (5 acres). 5. Subsurface Drains a. Place a perforated pipe or conduit beneath the surface of the ground at a designed depth and grade to drain an area with a high water table. b. Use relief drains in a gridiron, herringbone, or random pattern to dewater an area where the water table is high. c. Place interceptor drains, as single pipes, to remove water where sloping soils are excessively wet or subject to slippage. d. Backfill with open granular, highly permeable soil immediately after pipe is placed. e. Stabilize outlet and ensure sediment-laden storm water runoff is directed to a sediment trapping measure. 6. Perform work in accordance with City of Northampton Conservation Commission Order of Conditions. 3.02 INSPECTIONS & MAINTENANCE A. Using Storm Water Pollution Prevention Plan B. Schedule E1 – ESC Inspection and Photograph Checklist for reference, inspect all erosion and sedimentation control measures at least once each week and following any significant storm event (0.5 inches of precipitation or greater). C. All erosion and sedimentation control measures must be maintained in good working order. If If maintenance or repairs are identified they must be completed within 24 hours. D. Schedule E2 – ESC Inspection Log (1.08C) must be completed for each inspection. E. Inspection procedures specified below summarize the EPA document and shall be followed in conjunction with details, drawings, and manufacturer requirements. 1. Stabilized Construction Entrance: Apply additional gravel as required, remove sediments and other materials from all areas to minimize clogging. Keep adjacent public roadway(s) free of sediment. 2. Material Stockpile: Inspect for effective prevention of runoff and erosion. 3. Soil Retaining Measures: Inspect for structural damage and repair as required. New Police Headquarters Northampton, MA CBA Project #200738 Erosion and Sedimentation Control 31 25 00 -7 4. Silt Fence: Silt fence to be inspected for depth of sediment, tears, loose fabric attachment at the fence posts, channel erosion beneath fence, sagging or collapse and to ensure the fence posts are firmly in the ground. Built up sediment is to be removed from silt fence when it has reached one-third the height of the fence. Repair such that fence is in original installation condition. 5. Outlet Protection: Inspect outlet for erosion and pooling of water. Necessary repairs to be made as required to reduce exit velocity of runoff. If a riprap apron is used, inspect for riprap displacement and damage to filter fabric. 6. Inlet Protection: Inspect that measures are in original installed condition. Ensure measures are effectively trapping sediment. Remove accumulated sediment and debris when it reaches ½ the design depth of the trap. Repair protection measures as required. 7. Sediment Trap: Remove sediment when it reaches 300mm in depth. If outlet becomes clogged with sediment it must be cleaned to restore flow capacity. Maintain until site area is permanently stabilized and/or permanent structures are in place. Ensure bank is sufficiently compacted and stabilized such that erosion into the basin does not occur. 8. Subsurface Drains: Inspect for pipe breaks or clogging by sediment, debris, or tree roots. Remove blockage immediately, replace any broken sections, and re-stabilize the surface. Check inlets and outlets for sediment or debris, and remove and dispose of these materials properly. 3.03 REMOVAL OF PRODUCTS A. Erosion and sedimentation control measures shall be maintained and inspected until final landscaping is complete. END OF SECTION New Police Headquarters Northampton, MA CBA Project #200738 Erosion and Sedimentation Control 31 25 00 -8 SCHEDULE E1 – ESC INSPECTION AND PHOTOGRAPH CHECKLIST (Submit checklist with photos to Consultant after construction and prior to demobilization) Project Name: Completed By: Project Location: Company: Conduct an inspection of all erosion and sedimentation control measures implemented onsite each week and following any significant storm event (0.5 inches of precipitation or greater). Record any maintenance or repair performed in Schedule E2 – ESC Inspection Log. Photographs of each measure must be taken immediately following installation, in-situ and at the end of construction. ESC Measure Location Onsite Date of Photo #1 #2 #3 Straw Bales All catch basins indicated on drawing C-00 Filter Socks In Catch Basins All catch basins indicated on drawing C-00 Silt Fences As specified by LEED consultant Stabilized Construction Entrance All entrances Material Stockpile Protection As required Dust Control As required Temporary Seeding Material stockpiles and other disturbed areas as required I hereby certify that the information provided is complete and correct: Signature of Authorized Official Position Date New Police Headquarters Northampton, MA CBA Project #200738 Erosion and Sedimentation Control 31 25 00 -9 SCHEDULE E2 – ESC INSPECTION LOG (Complete weekly. Submit most recent copy to the Consultant on a monthly basis) Project Name: Completed By: Project Location: Company: Date Erosion and Sedimentation Control Measures Initials Observations Deficiencies Corrective Action Taken Ex. Sept 17/06 Heavy rain night before. Measures in good condition. Straw bale check dam in northeast swale deteriorated New straw bale installed in northeast swale. G.L. I hereby certify that the information provided is complete and correct: Signature of Authorized Official Position Date New Police Headquarters Northampton, MA CBA project #200738 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.1 SUMMARY A. Section Includes 1. Demolition of police headquarters located at 29 Center Street, Northampton, MA. 2. Demolition of ancillary structures and items within the Limit of Work indicated on the Drawings, but not specifically shown, such as curbing, bollards, slabs, and similar items 3. Removal and lawful disposal of miscellaneous debris and solid waste located within the Limit of Work indicated on the Drawings B. Related Sections 1. Section 01 33 29 – General LEED® Requirements 2. Section 01 74 19 – Waste Management and Disposal 3. Section 01 35 29 – Health, Safety & Emergency Response Plan 4. Section 33 05 29 – Pipeline and Underground Structure Abandonment 5. Section 31 23 00 – Excavation and Fill 1.2 DEFINITIONS A. Demolish – To tear down, segregate waste streams and lawfully recycle or dispose of all debris generated in the process including structure contents. B. Limit of Work – Area delineated on Drawings that defines the extent of demolition work under the Contract. 1.3 SUBMITTALS A. Quality Control Submittals prior to commencement of on-site demolition: 1. Methods of demolition and equipment proposed to demolish structures. This submittal should be sufficient to demonstrate a thorough understanding of the Work to be completed and the means that will be implemented to safely complete the demolition within the Contract Time without damage to surrounding structures or resources. The Engineer will review the submittal for completeness, but will not “Approve” the means and methods. 2. Waste Management Plan to indicate the types of wastes to be generated and the proposed disposal or recycling locations. Include back-up disposal facilities. 3. Copies of any authorizations and permits required to perform the work, including disposal/recycling facility permits. Selective Site Demolition 02 41 13-1 New Police Headquarters Northampton, MA CBA project #200738 B. The following records and disposal documentation must be maintained and kept current throughout the project. These documents will be maintained in chronological order in a 3-ring notebook with appropriate tabbed dividers. The notebook will be reviewed for completeness at each progress meeting. Monthly pay requisitions may be rejected, in whole or in part, if documentation is not current. 1. Records of the amounts of waste generated, by waste type 2. Evidence of lawful disposal or recycling of all wastes generated 3. Documentation of underground structures and utilities as identified in Part 3 of this Section 4. Copies of any analytical results generated as a result of waste stream characterization 1.4 REGULATORY REQUIREMENTS A. Contractor is solely responsible for obtaining permits or approvals that may be required to perform the work of this section, including all costs, fees and taxes required or levied. B. Notify and obtain such permits or approvals from agencies having jurisdiction over demolition prior to starting work. C. Complete, sign and submit a Notice of Intent to be covered under EPA’s General Permit for Construction Activity. Comply with the requirements of the site-specific Stormwater Pollution Prevention Plan. D. Comply with all applicable federal, state, and local environmental, safety and health requirements regarding the demolition of structures and other site features and recycling or disposal of demolition debris, as applicable. E. Conform to procedures identified in Section 01 35 29 – Health, Safety & Emergency Response Plan if hazardous or contaminated materials are discovered. 1.5 PROJECT MANAGEMENT A. Provide a full-time Project Superintendent, fluent in English, who shall serve as a direct communication among the Contractor, Subcontractors, and the Owner. B. Require all subcontractors to provide a foreman or superintendent who is fluent in English. That individual must be on site at all times that the subcontractor is working. 1.6 GENERAL REQUIREMENTS A. Verify site conditions before proceeding with demolition work. Field check the accuracy of the Drawings and inspect structures and utilities prior to start of work and notify the Engineer in writing, of any hazardous conditions and/or discrepancies. Primary structures and other site features are shown on the Drawings; other smaller structures, including, but not limited to, concrete walks and pads, miscellaneous signs, lamp posts, railings, and fencing may not be shown on the Drawings, but may exist within the Limit of Work and shall be demolished. Selective Site Demolition 02 41 13-2 New Police Headquarters Northampton, MA CBA project #200738 1. Unknown Site Conditions -The information provided on the Drawings and in the Specifications is believed accurate. Field verify all information. Bear full responsibility for obtaining all locations of underground structures, utilities and their connections. Maintain services to buildings outside the limits of work, at no additional cost to the Owner. 2. Interior Elements -Interior features including but not necessarily limited to structural elements, walls, partitions, equipment, piping or other building facilities are not shown on the drawings and must be visually inspected Inspect and appraise all features and facilities to be demolished or removed for salvage. Investigate to assure the condition of the work to be demolished and take all precautions necessary to ensure safety of people and property. B. Demolish the buildings, underground utilities and related appurtenances by methods that will not cause damage to surrounding structures, underground and overhead utilities, or other existing items and structures that are to remain in place. C. Promptly and properly manage all debris as the demolition progresses. Construct and/or prepare material staging/stockpile areas at locations approved by the Engineer. 1.7 SITE PREPARATION A. Remove and/or stabilize all overhead hazards, prior to commencing work near any building. Where hazards can not be stabilized, mark and control areas below hazards to prohibit access below the hazards. This shall be performed with caution tape, saw horses, safety fence or other types of barricades as determined by applicable safety codes. Similarly, all holes through the floors or weak sections of the floor shall either be covered or clearly marked to prohibit entry. Floor coverings shall be capable of supporting heavy equipment use. B. Remove asbestos containing materials and other hazardous materials prior to structure demolition. C. Terminate and discontinue utilities serving the individual structures to be demolished, prior to demolition in accordance with Section 33 05 29 – Pipeline and Underground Structure Abandonment. D. Plug and abandon all sewer lines and sewer manholes as indicated on Drawings before any plumbing fixtures or traps are removed from buildings. 1.8 HAZARDOUS MATERIALS A. Lead Paint 1. A number of state, federal and local agencies regulate work that involves lead paint. Paint coatings on the structures to be demolished that contain lead. This lead could present a hazard to workers and requires regulatory compliance with 29 CFR 1926.62 "Lead in Construction." 2. Of specific concern is the cutting of steel components using torch methods. If the Contractor intends to torch cut painted steel, lead paint must be removed from the area to be cut with a chemical stripper or other means prior to cutting. Sufficient paint must be removed from the area to prevent Selective Site Demolition 02 41 13-3 New Police Headquarters Northampton, MA CBA project #200738 volatilization of lead during the heating of the steel. Other means of controlling worker exposure to lead will be acceptable provided that they are addressed in a Lead Exposure Control Plan and that they meet the requirements of 29 CFR 1926.62. 3. Where activities may generate leaded dust or impact a leaded surface, regulate work area so that dust migration is contained properly within the regulated area. Once the work is complete, properly clean up and dispose of leaded dust and materials. B. Oil and Hazardous Material Contamination 1. There is no known soil contamination at the site. However, contaminated soil may be encountered during excavation. In the event that contaminated soil is encountered, handle such material in accordance with Section 01 35 29 – Health, Safety & Emergency Response Plan. 2. Contractor personnel working in areas of the site where contamination is likely to be encountered shall be appropriately trained, as required under under Section 01 35 29 – Health, Safety & Emergency Response Plan. 3. When working in areas of the site where contamination is likely to be encountered, Contractor’s Site Safety Officer shall monitor the work area in accordance with Section 01 35 29 – Health, Safety & Emergency Response Plan. 1.9 DEMOLITION A. Buildings 1. Demolish all buildings within the Limit of Work as indicated on the Drawings. Equipment, piping and interior facilities are not shown on the Drawings but shall be demolished. 2. Segregate various building materials to facilitate recycling of salvageable materials and to facilitate crushing and reuse of asphalt, brick and concrete on-site to the extent possible. 3. Barricade work area as necessary to protect workers and general public from falling debris. 4. Do not leave unstable structures unattended. Plan the workday so that all structures are stable at the end of each work day. B. Foundations 1. Demolish all foundation walls and basement slabs. C. Miscellaneous Site Structures and Features 1. Concrete Slabs – Demolish all concrete slabs including patios, aprons, steps, and parking pads and associated foundation walls (if any) within the Limit of Work, whether or not they are specifically shown on the Drawings. Selective Site Demolition 02 41 13-4 New Police Headquarters Northampton, MA CBA project #200738 2. Trees – Trees are an important resource and shall be treated as such. Unless specifically noted to be removed, protect all trees and obtain approval of the Owner prior to removing or pruning any other trees. 1.10 TEST PITS A. Where investigation of various buried utilities is indicated on the Drawings, excavate to expose the structure and/or piping. B. Investigations may also be directed by the Owner to investigate unforeseen conditions such as undocumented utility pipes, septic systems and dry wells that may be encountered during the work. 1.11 BITUMINOUS CONCRETE PAVEMENT REMOVAL OR RECLAMATION A. Remove or reclaim bituminous concrete pavement within Limit of Work as indicated on the Drawings. Legally dispose of bituminous concrete pavement off site. B. If reclamation is selected, where indicated on the Drawings, at interface of pavement to remain with pavement to be removed, at intersections, and/or where directed, saw cut existing pavement to its full depth. No jack hammering or chiseling shall be acceptable when cutting existing pavement unless otherwise directed by the Owner. All cut lines shall be straight with a minimum of damage to pavement outside of saw cutting area. Saw cuts at intersections shall be made 6 feet from the sideline of the intersecting street unless otherwise directed by the Owner. Saw cuts for bituminous parking areas shall be made at the back edge of the sidewalk, or if no sidewalks are present, 2 feet from the sideline of the street. C. Reclaim the bituminous concrete pavement by processing/grinding to a minimum depth of 12 inches and compacting in place. D. After the reclamation process, the reclaimed base material shall conform to the following gradation requirements: Sieve Size Required Grading Range 2" 100 1" 70-100 1/2" 50-85 #4 35-70 40 10-35 200 2-10 Asphalt Content 1.0 Min. E. The equipment to be used must be able to effectively pulverize bituminous concrete pavements to produce a crushed material. The equipment equipment must have the capability to adjust the crushers and screen to allow minor adjustments if the gradation of the crushed material does not fall within the gradation requirements during the crushing process. No culling out of oversized material will be permitted. Selective Site Demolition 02 41 13-5 New Police Headquarters Northampton, MA CBA project #200738 F. Remove or relocate all obstacles located within the roadway or parking area including castings and utilities prior to pulverizing operations. G. After pulverizing, the reclaimed base course shall be evenly spread and thoroughly compacted by rolling. Rolling shall continue until the base material has been compacted to 98% density. Blading and rolling shall be done alternately, as required to obtain a smooth, even and uniformly compacted base. H. Do not perform work on the base course during freezing temperatures nor when the subgrade is wet. If the aggregate contains frozen materials or when the underlying course is frozen, the construction will be stopped. I. Hauling equipment may be routed over completed portions of the base course, provided that no damage results and provided that such equipment is routed over the full width of the base course to avoid rutting or uneven compaction. J. The Contractor shall be responsible for quality control during construction. Sample materials from the project area and test for the following: optimum lab density, material gradation, residual asphalt content, field density and percent compaction. Conduct testing program at intervals representative of each 3,000 square yards of asphalt stabilized base course. K. After being notified by the Contractor that a particular section/phase of the project is ready to be tested, the Owner may elect to perform his own quality assurance tests as a check. Any costs incurred as a result of failed tests or canceled tests shall be borne by the Contractor. 1.12 DISPOSAL A. Legally dispose of, or recycle all materials from demolition as well as equipment and other materials that are within the buildings. The disposal site shall be permitted to accept the waste stream by the applicable State Agency. Perform the loading of demolition materials in a manner that prevents materials and activities from generating excessive dust and ensures minimum interference with roads, sidewalks and streets both onsite and offsite. All waste will be managed in accordance with Section 01 74 19 – Waste Management and Disposal. Materials specified in Section 01 74 19, paragraph 3.01 will be diverted from landfill using the proposed recycle/reuse facilities. B. Provide evidence that the demolition materials have been received at a legal disposal, recycle, reuse or salvage location. Such proof may include truck weigh slips from an approved disposal facility or documentation of transfer of title. Transport of all materials off site shall be in accordance with applicable Department of Transportation Regulations. All materials leaving the site shall become the property of the Contractor. 1.13 SITE RESTORATION A. Prior to any backfilling, document the location of any structures that remain in place through construction photographs and by obtaining swing ties to and elevations of any structures to be buried. Progress payments may be withheld if current documentation is not maintained. Selective Site Demolition 02 41 13-6 New Police Headquarters Northampton, MA CBA project #200738 Selective Site Demolition 02 41 13-7 B. Backfill foundation areas and areas that structures were removed to achieve the final grades indicated on the Drawings. Backfilling shall be conducted in accordance with Section 31 23 00 – Excavation and Fill. C. Restore damaged areas of the site or neighboring properties and stabilize slopes in accordance with the erosion and sedimentation control requirements of the Contract and the stormwater permit. END OF SECTION J:\N\N0655\SPEC\Civil\Reviewed\024113 Selective Site Demolition.doc New Police Headquarters Northampton, MA CBA project #200738 SECTION 02 82 00 ASBESTOS ABATEMENT TECHNICAL SPECIFICATION SECTION 02080 ASBESTOS ABATEMENT PART 1 GENERAL 1.01 -RELATED DOCUMENTS A. Table 1 detailing Asbestos Containing Materials (ACMs)(provided at end of Specification). B. Table 2 detailing Non-Asbestos Containing Materials (ACMs)(provided at end of Specification). 1.02 -PROJECT/WORK IDENTIFICATION A. Specifications presented in this section were prepared by Mr. Christopher L. Godfrey (Massachusetts Certified Asbestos Designer #AD 73171) of ECS and are dated January 2009. B. Approximate locations and quantities referenced in this specification and related documents (Table 1) are guidelines for the convenience of the Contractor and are not guaranteed to be accurate. The Contractor shall verify the scope of work and determine all quantities involved. The contractor shall provide all labor, equipment and material necessary for removing and disposing all asbestos containing materials. It is the expectation of the Owner that all asbestos containing materials (ACMs) will receive the specified treatment in an area when the Contractor agrees to undertake such work. No credit will be given for changes in the scope of work unless hidden conditions, other than those for which allowances exist, are revealed during the construction process. If any other materials are found which are suspected of containing asbestos, immediately notify ECS. C. The Architect and/or General Contractor will identify/locate/demarcate the areas of proposed abatement throughout the building for the Abatement Contractor. Site Plans/Sheets prepared by the Architect will identify locations for work and estimated quantities of ACMs. D. The Contractor should expect and it is reasonable to expect that demolition activities will be warranted to access and remove ACMs. The Contractor will perform all of their own cutting, capping, dismantling, and/or demolition to gain access to concealed materials. By way of example, the following are to be included in, but not limited to, this selective demolition: ceiling and wall systems, floorings, mechanical systems, plumbing systems, roofing, and window systems, the contractor will be required to perform selective demolition as required to access and abate these materials. Plumbing cutting and capping required as a result of selective demolition required to access the work (e.g. removal of windows, partitions, sinks and cabinets) will be the responsibility of the contractor. The contractor shall provide the services of a qualified and licensed electrician and/or plumber, as necessary, to accomplish all of the work. Section 3.09 details handling requirements for these materials. E. The cost of consultant or hygienist services (including a Project Monitor) shall be borne by the Owner. The Contractor shall be responsible for all cost of further sampling, monitoring, and clearances of the post-abatement air sampling, if quantitative results do not produce final clearance. Asbestos Abatement 02 82 00-1 New Police Headquarters Northampton, MA CBA project #200738 1.03 -ASBESTOS-CONTAINING MATERIALS A. Between December 31, 2008 and January 6, 2009, ECS inspectors, using a combination of destructive and non-destructive sampling methods, collected 72 bulk samples of suspect asbestos material. Those materials have been analyzed using the required protocols at an accredited laboratory. A review of the laboratory results indicate that ACM was detected at this location. Those materials which tested positive for asbestos include: • Various Floor Tiles • Thermal System Insulation associated with pipe, pipe fittings, tees and elbows • Thermal System Insulation boiler exhaust breeching • Thermal System Insulation boiler insulation (Presumed ACM as interior of the boiler was inaccessible and operational) • Window Casing Caulking • Door Casing Caulking (Trace <1% concentrations) • Asphalt Based Roofing Materials B. Additional ACM may be present in inaccessible areas. If unknown suspect materials are encountered, materials should be considered positive until laboratory analysis proves otherwise. The following areas were not included accessible at the time of this survey: • Below grade; • Within fire doors; • Soundproofing within Bathroom Stall Dividers; • Interior of functioning equipment, machinery, electrical systems, and boiler; • Beneath carpeting; • Behind/beneath ceramic tiled walls and floors; • Wet walls and entombed pipe chases • Roofing (No core samples were collected. A single bulk sample was collected from a visible roof area located at the rooftop access hatch). 1.04 -ABATEMENT REQUIREMENTS A. Pre-Removal Requirements: The Asbestos Abatement Contractor will keep a three-ring binder notebook on the job site at all times with records on each employee on this project to include respirator fit-test documentation, training certificates, latest medical surveillance records, a copy of the company respiratory protection program, employee qualifications, and their health and safety program. The notebook will include a section on asbestos waste and record of all asbestos waste removed from the work area. The entry will include date, time, quantity (number of bags or cubic yards) destination of waste, name of approved hauler and EPA approved landfill and final chain of custody forms. The notebook will include copies of all permits and EPA, State and other notifications. Personal sampling results will also be maintained herein. B. Personal Air Sampling: Daily personal and excursion limit sampling will be the responsibility of the Asbestos Abatement Contractor to check personal exposure levels versus respiratory protection and to check work practices. At least 25% of the workers in each shift, but not less than 2, shall be sampled. Personal sampling pumps should have a flow rate of two (2) liters per Asbestos Abatement 02 82 00-2 New Police Headquarters Northampton, MA CBA project #200738 minute and sample duration will be as close to an eight-hour workday as possible. The Contractor is responsible for his own personal sampling as outlined in OSHA Regulation 1926.1101. The Contractor shall post the personal air sample results within 24 hours. The analytical laboratory shall be A.I.H.A. accredited for asbestos analytical work. C. Remedial Cleaning: Limited remedial cleaning of horizontal surfaces, ledges, and equipment will be required prior to masking and sealing operations of work areas. Cleaning will be done using HEPA vacuums and wet methods. Determinations of additional remedial cleaning will be made on the basis of hazard potential to workers and the outside environment relating to setup and masking and sealing operations. Respiratory protection and protective clothing will be required for all remedial cleaning activities prior to full containment or other removal methodologies (i.e. glove bags). D. Critical Barriers: The windows, doors, opening, ducts, drains, vents, pipe and conduit penetrations and other major opening of the buildings shall be masked and sealed in accordance with Part 3.02 of this Section prior to covering the floor and walls. E. Containments: Unless otherwise specified in Part 3.01, the Contractor shall remove ACM within full containments, with attached three stage decontamination chambers. Work areas will be masked and sealed in accordance with Part 3.02 of this Section. F. Decontamination Chambers: For the removals conducted under full containment, a single means of decontamination for personnel and equipment is acceptable. A decontamination unit consists of an equipment room, a shower and a clean room for personnel involved in asbestos removal in accordance with Part 3.02 of this Section. Each of these three rooms shall be of sufficient size to accommodate all of their intended functions. A decontamination unit will be required for each separate site of asbestos removal unless these sites are connected internally. The decontamination unit shall be the sole means of egress from the work site unless an emergency is in progress. For all other work conducted, a two chamber Mini-Decontamination Facility ("mini-decon") shall be constricted in a location readily accessible to the work sites in accordance with Part 3.02 of this Section. G. Variable Pressure: The Abatement Contractor shall establish negative pressure air filtration within the containment work areas. Install, operate, and maintain a sufficient number of negative Air Filtration Units (NAFU’s) to meet the requirements of Part 3.05 of this Section. The NAFUs will be positioned in the work area opposite the decontamination unit, where possible. The NAFU will be exhausted outside the building. NAFUs which are exhausted to the building’s interior shall be continuously monitored at the exhaust with a direct reading instrument equipped with a chart recorder. H. Removals: Removal of asbestos containing materials, unless specified otherwise, will be performed using negative air filtration techniques, wet methods, the masking and sealing of openings, ducts and vents, and mini-contaminants for glovebag removals. Removals will be as indicated and as specified herein, and will be performed in a neat and workman like manner to the limits indicated or specified. Asbestos will be consistently and thoroughly wetted with a fine spray of amended water and will be carefully removed and immediately placed in approved and properly labeled six mil Asbestos Abatement 02 82 00-3 New Police Headquarters Northampton, MA CBA project #200738 polyethylene disposal containers unless specified otherwise. After removal, surfaces will be free of visible debris and fibers and surfaces will be HEPA vacuumed clean. I. Decontamination: State of the art techniques for asbestos fiber control will be used throughout this abatement. The Project Monitor will inspect the work site to confirm proper erection of specified containment systems, operation of equipment, and confirmatory to standards, regulations and the specification. It shall remain the responsibility of the Contractor for compliance with applicable federal, state and local laws and the abatement to the standards required. J. Visual Inspections: Work areas shall pass a visual inspection conducted by the Site Supervisor responsible for the project and Project Monitor. The criterion for this inspection will be the absence of visible debris in accordance with ASTM standard E1368-90. All post removal and contaminated surfaces shall be thoroughly cleaned and dry prior to the visual inspection. A certificate of visual inspection will be signed by the Project Monitor and the Site Supervisor after final inspection clearance. The certificate will be part of the Owner’s documentation. The Abatement Contractor will be responsible for the costs of visual inspection and testing required for any work that fails clearance air quality criteria. If the Abatement Contractor and Project Monitor disagree on the asbestos content of debris found in the area, a licensed Inspector shall collect and analyze samples of such debris at the Contractor’s expense. Once the work area has passed the visual inspection, the Contractor shall encapsulate the exposed surface areas with an EPA approved encapusulant and shall leave removal surfaces in a condition that is ready to receive replacement materials. K. Disposal: All waste will be disposed of in accordance with all applicable local, state, and federal regulations. L. Roofing work: Roofing work may be performed in accordance with Massachusetts Department of Environmental Protection (MADEP) Policy #BWP-96-012 concerning Non-Friable Asbestos-Containing Materials and the requirements as detailed in Part 3 Execution. See Part 3 Execution regarding performance of roofing work. If roofing work can not be performed in accordance with this policy, then asbestos abatement must be performed in accordance with State and Federal Regulations as outlined in this Specification. 1.05 -WORKER PROTECTION A. This section does not include respiratory protection. B. The disturbance or dislocation of ACMs may cause asbestos fibers to be released into the building's atmosphere, thereby creating a potential health threat to workmen and building occupants. Apprise all workers, supervisory personnel, subcontractors and consultants who will be at the job site of the seriousness of the hazard and of proper work procedures to be followed. Full notification of all interested parties and isolation of the work area remains the responsibility of the Contractor. C. Where in the performance of the work, workers, supervisory personnel, subcontractors, or consultants may encounter, disturb, or otherwise function in the immediate vicinity of any identified asbestos-containing materials, take appropriate continuous measures as necessary to protect all building occupants from potential hazard of exposure to airborne asbestos. Such measures shall Asbestos Abatement 02 82 00-4 New Police Headquarters Northampton, MA CBA project #200738 include the procedures and methods described herein, and compliance with regulations of applicable federal, state and local agencies. 1.06 -WORKER TRAINING A. All workers must receive training in accordance with the 29 CFR 1926 and 453 CMR 6.00. Documentation of such training in the form of current and valid Massachusetts Department of Occupational Safety (formerly Department of Labor and Industries) certification with picture I.D. must be on site whenever a worker is conducting asbestos associated work. 1.07 -MEDICAL EXAMINATIONS A. Provide annual medical examinations for all workers who may encounter an airborne fiber level of 0.1 f/cc or greater for an 8-hour time weighted average. In the absence of specific airborne fiber data provide medical examination for all workers who will enter the work area for any reason. Examination shall as a minimum meet OSHA requirements as set forth in 29 CFR 1926. In addition, provide an evaluation of the individuals ability to work environments capable of producing heat stress in the worker. B. Maintain on site a certification from a physician that each individual worker is physically able to work safely with a negative pressure respirator before issuing this type of equipment to workers. 1.08 -RESPIRATORY PROTECTION A. The Contractor must assure that each worker involved in asbestos abatement or maintenance and repair is trained in proper respiratory use and require that each worker wear a respirator, properly fitted on the face in the work area from the start of any operation which may cause airborne asbestos fibers until the work area is completely decontaminated. Use respiratory protection appropriate for the fiber level encountered in the work place or as required for other toxic or oxygen-deficient situations encountered. B. Standards: Except to the extent that more stringent requirements are written directly into the Contract Documents, the following regulations and standards have the same force and effect (and are made a part of the Contract Documents by reference) as if copied directly into the Contract Documents, or as if published copies were bound herein. Where there is a conflict in requirements set forth in these regulations and standards, meet the more stringent requirements. 1. OSHA -U.S. Department of Labor Occupational Safety and Health Administration, Safety and Health Standards 29 CFR 1910 and 1926, Respiratory Protection; Final Rule (January 8, 1998). 2. CGA -Compressed Gas Association, Inc., New York, Pamphlet G-7, "Compressed Air for Human Respiration", and Specification g-7.1, "Commodity Specification for Air". 3. ANSI -American National Standard Practices for Respiratory Protection, ANSIZ88.2-1980. 4. NIOSH -National Institute for Occupational Safety and Health 5. MSHA -Mine Safety and Health Administration Asbestos Abatement 02 82 00-5 New Police Headquarters Northampton, MA CBA project #200738 1.09 -ADMINISTRATIVE AND SUPERVISORY PERSONNEL A. General Superintendent: Provide a full-time General Superintendent who is experienced in administration and supervision of asbestos abatement projects including work practices, protective measures for building and personnel, disposal procedure, federal and state regulation, etc. This person is the Competent Person as required by OSHA 29 CFR 1926 for the Contractor and is the Contractor's representative responsible for compliance with all applicable federal, state and local regulation, particularly those relating to asbestos-containing materials. This person must have completed a course at a Massachusetts D.L.W.D recognized training center as a job supervisor and hold a state certification as a supervisor/foreperson. This person must also have a minimum of two (2) years on-the-job training and meet any additional requirements set forth in 29 CFR 1926 for a Competent Person. The General Superintendent Superintendent is to be accredited as an asbestos Abatement Supervisor in accordance with the AHERA regulations 40 CFR Part 763, Subpart E, Appendix C. The General Superintendent shall also be trained in 40 CFR Part 61, the NESHAP Revisions. B. Workers: Removal workers will have successfully completed an EPA approved asbestos training course within one year prior to the commencement of the work. Each removal worker shall be certified as required by Massachusetts Department and Labor Industries Regulations 453 CMR 6.00. C. Workforce: The Contractors shall maintain sufficient trained removal workers, through all phases of the project, as needed to meet the timetables as agreed upon with the Owner. If the Contractor falls behind on the timetable, and the Owner or the Agent determines additional manpower is required, the Contractor shall provide the additional trained and certified personnel as required to meet the contract completion date. D. Identification Cards: All persons engaged in asbestos abatement on the job site shall keep their certification identification card at the job site and shall be present it to the Agent, IH or representative of any state or federal regulatory agency upon request. No person is to enter the job site unless this card is present. E. All work shall be performed in strict accordance with the Specifications contained herein and with the regulations cited in the following paragraph. The following Federal, state and local standards and regulations, by reference, shall be made part of this section and shall be complied with. Whenever regulations are conflicting, the more stringent shall be complied with. F. The Contractor shall comply with the requirements of the following regulations, and maintain a copy of each at the work site: 1. U.S. Department of Labor, OSHA Asbestos Regulations (29 CFR 1926.58) 2. U.S. Department of Labor, OSHA Respiratory Protection; Final Rule dated January 8, 1998 (29 CFR 1910 and 1926) 3. U.S. EPA National Emission Standard for Asbestos (CFR Title 40 Subpart M) 4. U.S. EPA AHERA Final Rule (40 CFR Part 763, Subpart G) 5. U.S. Department of Labor, OSHA Confined Space Standard (29 CFR 1910.146) Asbestos Abatement 02 82 00-6 New Police Headquarters Northampton, MA CBA project #200738 6. Massachusetts Department of Labor and Workforce Development (453 CMR 6.00) 7. Massachusetts Department of Environmental Protection (310 CMR 6.00-8.00) 8 All local ordinances, regulations or rules pertaining to asbestos, including its storage, transportation and disposal. G. In addition, the Contractor shall be familiar with the following: 1. Northampton Municipal and Zoning Ordinances as they affect the work. 2. Massachusetts State Building Code (780 CMR). 1.10 -SUBMITTALS A. Except as otherwise indicated, submit special reports directly to the Project Monitor within one day of occurrence requiring special reports, and within seven (7) days of all other reports becoming available to the Contractor. Send a copy to any other persons affected by the occurrence. Preconstructions submittals (under B, C, and D) should be made in a timely manner to allow ample time for review before the start of the work. B. A Copy of the contractor's and superintendent's certifications from the Massachusetts Department of Occupational Safety/Department of Labor and Workforce Development (DOS/DLWD). C. A copy of notification forms to Massachusetts DOS/DLWD, Massachusetts DEP, and Environmental Protection Agency (if warranted). A copy of the completed forms must be submitted to the Project Monitor at least 2 weeks prior to the start of the project to allow ECS review and comment. D. A copy of medical examination certification of workers and worker's respiratory training certificates for each worker including the following: 1. Name, Social Security Number and Photostatic copy of current Asbestos Abatement Worker Certification. 2. Physicians Written Opinion including at a minimum the following: a). Whether the worker has any detected medical conditions that would place the worker at an increased risk of material health impairment from exposure to asbestos. b). Statement that the worker has been informed by the physician of the results of the medical examination and of any medical conditions that may result from asbestos exposure. c). Statement that the worker is able to wear and use the type of respiratory protection proposed for the project, and is able to work safely in an environment capable of producing heat stress in the worker. d). Material Safety Data Sheet (MSDS) forms as per the OSHA Hazard Communication Standard for all chemical compounds used at the work site. Maintain a copy of forms on site as required by OSHA. Provide a list of products proposed for use during the course Asbestos Abatement 02 82 00-7 New Police Headquarters Northampton, MA CBA project #200738 of this work. At a minimum submit MSDS for the following products used on the work, including: 1. Surfactant 2. Bridging Encapsulant 3. Penetrating Encapsulant 4. Lock-down Encapsulant 5. Pigments mixed with any of the above 6. Cleaning Agents 7. Solvents e). Health and Safety Plan/Contingency Plan shall be written that described in the plan should be clearly defined. It is recommended that all worker practice carrying out their roles in simulated emergency situations. The contingency plan should include planned responses to the following possible situations: 1. loss of negative pressure atmosphere 2. fiber counts above regulated maximums inside or outside of containment 3. injury to one or more workers 4. worker collapse 5. fire or smoke in the containment area 6. any other situation that would disrupt the plant of work f). The design of the Variable Pressure System for review. Do not begin work until a copy of the submittal approved by the Project Monitor. At a minimum, include in the submittal: 1. Number of negative air machines required and calculations used to determine such. Provide sufficient number of negative air pressure units to maintain at lease one air change each fifteen minutes throughout the work areas. 2. Locations of machines and exhausts. 3. Pressure differential across enclosures anticipated. 4. Description of projected air flows throughout the work areas. g.) Hazard Communication/Right To Know Program to include MSDSs for all chemicals and potentially hazardous materials used or stored on the site during this project. E. Submittals as Available: 1.) Unusual Event Reports: When an event of unusual or significant nature occurs at a site (examples: failure of variable pressure system, rupture of temporary enclosure), prepare and submit special report lists chain of events, persons participating, response of Contractor's personnel, evaluation of results or effects, and similar pertinent information. When such events are known or predictable in advance advise Project Monitor and Owner in advance at earliest possible date. 2.) Accident Reports: Prepare and submit reports of significant accidents, at site and anywhere else work is in progress. Record and document data and actions, comply with industry standards. For this purpose, a significant accident is defined to include events where personal injury is sustained, or property loss of substance is sustained, or where the event poses a significant threat of loss or personal injury. Asbestos Abatement 02 82 00-8 New Police Headquarters Northampton, MA CBA project #200738 3.) Monitoring Reports: Personnel air monitoring reports are to be taken at least once a day in each containment area during the course of the actual abatement. Monitor at least one person per shift, and at least one third of all contractors’ employees on the job who work within the containment structure. F. Submittals at the Conclusion of the Work: 1.) Asbestos Disposal Reports: Receipt from the ultimate disposer of each load of asbestos debris showing the location, number of bags, drums or cubic yards, data, name of recipient's representative, and certification of proper disposal method according to NIOSH. Submit copies of all manifests and landfill receipts to the Project Monitor on a weekly basis for ongoing projects. If waste is accepted by local community landfill, include documentation of the amount paid for disposal at the local landfill. 2.) Daily Log: Maintain within the Decontamination Unit area a daily log documenting the dates and times of all significant events during the course of the work, including, but not limited to the following: a) Meetings -including purpose, attendees and brief discussion summary. b) Visitations, names, authorization, purpose. c) Personnel entering and leaving work area. d) Special or unusual events. e) Air monitoring test and results f) Documentation of Contractor compliance with the following: Initial inspection Setup and removal of plastic barriers Each stage of the work as it proceeds Waste removal g) Equipment maintenance procedures. h) Final inspection, clearance air monitoring results. 1.11 -NOTIFICATIONS A. Notifications are to be submitted to the following agencies with waiver requests: 1.) Department of Environmental Protection, P.O. Box 4062, Boston, MA 02211. Use the transmittal from provided by the DEP for Permit Application and Payment. All fees are to be paid by the Contractor. 2). Regional DOS/DLWD at 399 Washington Street, 5th Floor, in Boston, MA 02108. B. Notification Posting: In clean room of of personnel Decontamination Unit, post a list at least 8" by 10" in size, consisting of emergency telephone numbers and locations of emergency services, not limited to fire, ambulance, doctor, hospital, police, power company and telephone company. C. The General Contractor and Owners Representative (ECS) are to be notified, not less than seven (7) days before commencement, of the start of each phase of the work. 1.12 -PROJECT SCHEDULE Asbestos Abatement 02 82 00-9 New Police Headquarters Northampton, MA CBA project #200738 A. Abatement work may occur in a “Phased Approach”. The schedule for the abatement is detailed in Section 01010 Summary of Work. The contractor is expected to follow this schedule. B. Pre-Construction Conference: An initial progress meeting recognized as "Pre-Construction Conference" shall be convened by ECS prior to the Start of the work. This is an organizational meeting, to review responsibilities and personnel assignments and to locate the containment and decontamination areas and temporary facilities including power, light, water, etc. At this time ECS will also review the HASP for the entire site with the Contractor. C. Work to commence by others prior to and/or during asbestos abatement work includes demolition activities, and the removal, collection and disposal of various regulated materials. D. Work is to be coordinated so that the Owner is inconvenienced as little as possible and the work area can be sufficiently isolated from any site occupants or un-announced visitors. 1.13 -CONTRACTOR'S USE OF PREMISES AND CONDITIONS AFFECTING THE WORK A. Confine operations at the site to the areas presented during the pre-construction conference. Portions of the site beyond areas on which is indicated are not to be disturbed. The building may be occupied and not available to the contractor in its entirety during the work. B. Keep existing driveways and entrances to the site clear and available to the Owner and the Owner’s employees or representatives at all times. The parking lot may be used by the contractor for essential equipment and storage units. However, the contractor may not park personally owned vehicles in this lot. Access to the dumpster serving the building must be maintained at all times, and as many parking spaces as possible must be maintained for use by authorized building staff. Sidewalks and public ways are to be kept clear and unencumbered. C. Selective Demolition Debris: 1. Selective demolition is to be done so as not to damage or degrade the structural or the watertight integrity of the building. 2. Debris from selective demolition which is not ACM or is not contaminated with ACM shall be left in the building or removed and disposed of properly off site, at the contractor’s option. Any such material left in the buildings must be neatly stockpiled in such a way that it does not create any hazard or encumbrance to subsequent demolition work and which does not inhibit collection of this material for recycling. D. Store flammable or hazardous waste in metal containers and remove from the work site daily. E. The Contractor will be allowed to arrange for the use of a portable bathroom (sani-can). F. Electricity and water will be available. G. The Owner shall provide water for the use of the Contractor at designated locations. The Contractor is responsible for conducting that water through leak-tight conduits to the sites where it will be used. Asbestos Abatement 02 82 00-10 New Police Headquarters Northampton, MA CBA project #200738 Excess water consumption may be cause of restriction by the Owner if it is being wasted in the opinion of the Owner. H. Hours of Work: Hours of work are weekdays from 7:00 a.m. until 5:00 p.m. I. Use of on-site dumpsters: The contractor may not place any debris into any on-site dumpsters. J. Condition of Buildings: Contractors should assume that any existing appliances, or equipment observed at the pre-bid walk-through will remain in place. The contractor will be responsible for moving this material as required to perform the work. K. Refuse Chute: A refuse chute for general construction debris may be used provided its construction and use complies with all applicable local, state and federal rules and regulations. L. Security: 1. Interior door locks will NOT be removed or disabled prior to commencement of the work. 2. Exterior Door Locks: The contractor will be responsible for securing the buildings to prevent unauthorized access both during and after working hours. The contractor’s method of securing the buildings must, however, allow for any Emergency Response Team to gain access to the buildings in the event of an emergency. 3. Windows, Exterior Doors, and Roofing: If the work requires the removal and/or loosening of windows, door frames, or roofing areas the openings must be re-secured properly so as to prevent unauthorized access into the building, and to pre-existing condition prior to completion of the project. 1.14 -STOP WORK A. If the Owner, Owner’s representatives, any inspector from the offices of the Massachusetts DOS/DLWD, the DEP or the U.S. EPA, or the Project Monitor present written or verbal stop orders, immediately and automatically stop all work. Do not commence work until authorized in writing by the Owner. 1.15 -ASBESTOS ABATEMENT DEFINITIONS A.C.B.M: Asbestos Containing Building Material A.C.M.: Asbestos Containing Material A.H.E.R.A.: Asbestos Hazard Emergency Response Action (1986 for Schools) Air Sampling: Method of quantification of airborne asbestos at a particular time. Decontamination chamber: Area of clean room and showers through which one enters and exists the abatement area. D.E.P. (MA): Department of Environmental Protection Door/Door System: Single or double door system located on interior or exterior portions of building includes all building material layers (front, back, and interior) (glues, adhesives, mastics, caulkings, glazings, etc.) to masonry substrate. D.O.S. Department of Occupational Safety D.L.W.D. (MA): Department of Labor and Workforce Development D.O.T. (US): Department of Transportation Contractor MA Licensed Asbestos Abatement Contractor Encapsulation: Application of liquid sealant to asbestos materials. Asbestos Abatement 02 82 00-11 New Police Headquarters Northampton, MA CBA project #200738 Enclosure: Isolation of asbestos by wrapping and sealing air-tight. E.P.A. (US): Environmental Protection Agency Fitting: Includes seams, joints, unions, couplings, elbows, and tees. Abatement of a fitting is defined as the removal of 1 linear and/or 1 square foot of ACM regardless of the number of fittings within that area. Friable: Easily pulverized, crumbled or crushed by hand pressure. H.E.P.A.: High Efficient Particulate Air Hygienist: Certified Project Monitor under MA DLWD Regulation 453 CMR 6.00 I.H.: Industrial Hygienist N.I.O.S.H.: National Institute for Occupational Safety and Health O & M: Operation and Maintenance O.S.H.A.: Occupational Safety and Health Administration P.C.M.: Phase Contract Microscopy P.E.L.: Permissible Exposure Limit, 0.2 fiber/cc air, 8 hour TWA S.T.E.L.: Short Term Exposure Limit T.E.M.: Transmission Electron Microscopy T.W.A.: Time Weighted Average Window/Window System: Single or double window system (regardless of size) located on interior or exterior portions of building includes all building material layers (front, back, and interior) (glues, adhesives, mastics, caulkings, glazings, etc.) to masonry substrate. PART 2 PRODUCTS 2.01 -PATENTS AND COPYRIGHTS A. The Contractor shall assume all responsibility for any patent payments due for equipment used on this project at the time of the project or as the result of any future court action. B. The Contractor shall indemnify and hold harmless the Owner, the Owners Consultants and agents and employees of any of them, and the Project Monitor for any lawsuit resulting from the Contractors choice of variable air system or equipment. Nothing in this specification shall compel the Contractor to infringe on patents held by G.P.A.C. Corp. or any other patent holder. 2.02 -VARIABLE PRESSURE A. All negative air pressure units must be in full operational condition. Damaged or bent units will not be acceptable. Maintain each unit complete with original filtration system, consisting of coarse and fine prefilters and HEPA filter. Maintain gaskets, gauges, and safety devices as per original design. B. Each unit will be equipped with a Magnehelic gauge or manometer and an audible alarm to indicate filter plugging or unit malfunctioning. C. Each unit shall be operated with a recording meter indicating differential pressure across critical barriers. Chart output shall be time and date stamped and saved as part of the project record. 2.03 -CONTAINMENTS Asbestos Abatement 02 82 00-12 New Police Headquarters Northampton, MA CBA project #200738 A. Polyethylene Sheeting: Double polyethylene film in the largest sheet size possible shall be used as necessary to minimize seams, 4.0 or 6.0 mil thick as required, and clear in color. Material is to be fire resistant and so labeled. B. Duct Tape: Provide duct tape in 2" or 3" widths with an adhesive which is formulated to aggressively stick to polyethylene. Enhance adherence of duct tape to substrate with spray adhesives if necessary. C. Construction Fencing: Provide heavy grade orange plastic fencing properly installed with posts and stakes. The fence should stand at least 4’ high. This may be required by the Owner or Owners Agents at any time for access and safety related issues for any areas deemed necessary. D. Scaffolding: if used, must be constructed in accordance with applicable OSHA regulations under 29 CMR 1926. E. Lumber: Must be adequate to provide containment durability and effectiveness throughout the duration of containment. 2.04 -DECONTAMINATION FACILITY A. Three Chamber decontamination Facility: Provide full decontamination unit consisting at a minimum of three separate chambers, the equipment room, the shower, and the clean room. Water for the showers shall be tempered. Filter wastewater through 0.5 micron filter before disposal. Provide an adequate supply of disposable bath towels at all times. Provide liquid soap from dispenser in the shower area. 2.05 -DECONTAMINATION A. The removal or disturbance of any asbestos-containing material will be conducted only after a thorough soaking first with amended water or a penetrating encapsulant. Submit manufacturer's information on all fiber control compounds to the Agent before the start of the work as part of the Hazard Communication/Right To Know Program. 2.06 -PROTECTIVE CLOTHING A. Coveralls: Provide and require that disposable full-body coveralls and disposable head covers be worn by all workers in the work area. Provide sufficient number for all required changes, for all workers and visitors to the work area. Coveralls to be securely taped to protective boots worn on job site. B. Goggles: Provide eye protection as required by OSHA for all workers involved in scraping, spraying or any other work which may potentially cause eye injury. C. Gloves: Provide work gloves to all workers and require that they be worn at all times in the work area. Do not remove work gloves from the work area and dispose as asbestos-contaminated waste at the end of the work. D. Boots: Provide appropriate sized work boots that are to remain within the containment structure during the course of the work. Do not allow street shoes to be used on the work site. Boots are to have steel toes. Thoroughly decontaminate work boots at the end of the work. Asbestos Abatement 02 82 00-13 New Police Headquarters Northampton, MA CBA project #200738 2.07 -ELECTRICAL PROTECTION A. All electrical circuits used on the job site will be protected by a ground fault circuit interrupter (GFCI). Each GFCI must be tested so as to confirm proper operation. Any existing circuits or outlets not so protected are to be locked out or sealed off as appropriate. B. Where modifications to existing electrical panels are required for operation of equipment by the Contractor, have all such modifications and the removal of such modifications conducted by a licensed electrician. Secure permits from the Electrical Inspector as required. 2.08 -RESPIRATOR SELECTION A. Choose from the following the appropriate respiratory protection: Respirator Fit/Protection Factor Half-face Air Purifying Negative Pressure Respirator with HEPA filter. 10 Full-face Air Purifying Negative Pressure Respirator with HEPA filter. 10-50 (Protection factor dependent on manufacturer’s data and recommendations) Powered Air Purifying Positive Pressure Respirator (PAPR), with half face mask. 1,000 Type C Supplied Air Continuous Flow Half or Full Face Respirator. 1,000 Type C Supplied Air Pressure Demand Regulated Full Face Respirator. 10,000 B. Other types of respiratory protection only on prior approval of the Project Monitor. Conditions requiring the use of higher degrees of protection are not allowed under this contract. C. Operation: Maintain respirators in complete accordance with the manufactures recommendation and applicable standards. Maintain all respirators in original, unmodified condition. Maintain full inventory of repair parts and extra filter canisters for each brand of respirators used. Substitution of parts between Manufactures brands of respirators is strictly forbidden. Replace respirator filters at least once each 8 hour period, whenever resistance to normal breathing is encountered, or according to manufacturer’s specifications. Keep on hand at least one spare of the appropriate type of respirator beyond anticipated needs for the use of the Agent. D. Fit Testing: All workers using respirators shall be fit tested at least once every year procedures detailed on OSHA 29 CFR 1926 and 1910, Respiratory Protection; Final Rule (January 8, 1998). Certifications for each workers signed by the tester are to be maintained on site during the course of the work. PART 3 EXECUTION 3.01-ABATEMENT PROCEDURES A. The abatement of regulated ACM includes the removal of friable ACM or Category I nonfriable ACM that has become friable when removed by cutting, sanding, grinding or abrading. 1. The removal of regulated ACM, in the form of TSI located on pipe and fittings, shall conform to the requirements of this section, and may be abated using glovebag Asbestos Abatement 02 82 00-14 New Police Headquarters Northampton, MA CBA project #200738 methodologies utilizing wet methods prior to and during removal, all ACM and glovebags shall be placed in adequately wet leak-tight containers. If ACM in these forms can not be abated using glovebag methodologies then full containment methods must be used. 2. The removal of regulated ACM in the form of TSI on boiler (presumed), TSI breeching, floor tile, and window casing caulking shall conform to the requirements of this section and must be abated under full containment utilizing wet methods prior to and during removal, and ACM shall be placed in adequately wet leak-tight containers 3. The removal of door casing caulking (<1% asbestos containing) may be performed in accordance with OSHA 29 CFR 1926.1101 (g)(1)(ii) and (iii), as well as those recordkeeping requirements under 29 CFR 1926.1101(n) that are associated with the negative exposure assessment, apply so long as neither asbestos PEL is exceeded or might be exceeded . At a minimum, these requirements include the use of wet methods or wetting agents to control employee exposure during asbestos handling, mixing, removal, cutting, application, and cleanup, and the prompt cleanup and disposal of wastes and debris contaminated with asbestos in leak-tight containers. 4. Limited demolition by the Abatement Contractor shall be required to access ACMs. 5. If removal of more than one ACM occurs within an area, then the more conservative containment measures shall be required. 6. ACM debris will be remedially cleaned prior to full containment techniques. 7. All Non-movable objects are to be covered per applicable regulations. 8. Waste will be removed and placed into a lockable and approved on-site container for transport and disposal. 9. Project Schedule and Phasing is detailed in Section 01010 Summary of Work. Areas scheduled for abatement may not be available all at one time. Areas will be available for abatement based on the General Contractors schedule. 10. It should be anticipated that other Contractors will be working in proximal areas. 11. Any equipment, supplies or other items necessary to complete abatement is the responsibility of the abatement contractor. Any equipment, supplies or other items located on-site or owned by others should not be assumed to be available for use. 12. Roofing work may be performed in accordance with Massachusetts Department of Environmental Protection (MADEP) Policy #BWP-96-012 concerning Non-Friable Asbestos-Containing Materials. This Policy is outlined below: • Asphalt based materials consist of asphalt asbestos containing material such as roofing felts, roofing shingles, asphalt siding products and other asphalt paper products. • Notification to the MADEP is not required for the renovation/demolition of asphalt based roofing and siding products if all the conditions and guidelines in this policy are strictly observed and followed. • Asphalt based roofing and siding products may be disposed of in a landfill permitted by the MADEP to accept solid waste and in accordance with the Solid Waste Management Facility Regulations 310 CMR 19.061(6)(b)(3)., “Requirements for Certain Classes of Asbestos Wastes,” the landfill does not have to obtain a permit to accept special waste. • If the asphalt based roofing and siding products are in a deteriorated state and/or not handled in accordance with this policy or if the MADEP has determined that asbestos fibers may be released during handling, removal, or disposal, then the materials must be disposed of in a landfill that has obtained a special waste permit to accept asbestos wastes in accordance with 310 CMR 19.061, “Special Waste.” Asbestos Abatement 02 82 00-15 New Police Headquarters Northampton, MA CBA project #200738 • The material must not be broken, sanded, sawed, ground or drilled. Sawing materials into pieces for ease of handling is not considered proper handling. Some alternate cutting method must be used. • The material must not be compacted or incinerated. • The materials must be disposed of in a MADEP permitted solid waste landfill. • Any demolition involving these materials must comply with 310 CMR 7.09(3) and (4) (Dust, Odor, Construction, Demolition). • If the material is in a deteriorated state prior to commencing demolition/renovation operations, then 310 CMR 7.15 asbestos controls shall be complied with including notification the MADEP. 13. If the roofing work can not be performed in accordance with the above detailed MADEP Policy then roofing must be abated under full containment utilizing wet methods prior to and during removal, and ACM shall be placed in leak-tight containers. 3.02 -PREPARATION A. Critical Barriers: 1. Prior to masking and sealing operations which will designate the asbestos removal work area, windows, doors, openings, ducts, drains, and vents will be masked and sealed with a minimum of one layer of six mil polyethylene sheeting. Voids in the walls, ceilings, or roof systems will be sealed with fire retardant spray foam. 2. Windows and doors along the exterior of the building will remain closed for the duration of the asbestos abatement project. 3. Large accessible openings such as a roof access way will be sealed with permanent, solid construction materials and made air tight in accordance with DLWD regulations 453 CMR 6.00. B. Full Containments: 1. Full enclosure procedures as defined by 453 CMR 6.14 will be required for the work site. 2. Prior to the asbestos removal, all windows, doors, openings, ducts, drains and vents will be separately masked and sealed with a minimum of one 6-mil layer of polyethylene completely edge sealed around the opening. Shut down any local ventilation into or out of the work space, other than the HEPA filtered system. Large openings to be occupied areas, such as open doorways or passageways, shall be sealed with plastic. 3. Post the work area entrances outside the actual enclosed with Asbestos Hazard warning labels and barricade tape with imprinted labels notifying public of asbestos hazard. 4. If containments are warranted, completely isolate the work areas from other parts of the building so as to prevent asbestos-containing dust or debris from passing beyond the isolated area. Clean all surfaces in enclosure with HEPA vacuum or by wet wiping prior to the installation of plastic sheets. Provide mechanically supported plastic sheet barrier between work area and all other sections of the building. Floors shall be masked and sealed with two layers or six mill plastic sheeting with a minimum overlap of two feet at seams and Asbestos Abatement 02 82 00-16 New Police Headquarters Northampton, MA CBA project #200738 up walls. Walls shall be covered with two layers of six mil polyethylene sheeting, arranged so each layer overlaps on the outside of the respective layer of floor polyethylene sheeting that has been run up the wall. 5. Should the area beyond the work areas become contaminated with asbestos-containing dust or debris as a consequence of the work, all work will stop, and cleaning those areas will continue after a decontamination plan is presented by the Contractor and approved by the Agent or Owner and Project Monitor. Perform all such required cleaning or decontamination at no additional cost to the Owner. C. Glovebag Removal Requirements 1. General: Glovebag removals shall be performed in accordance with OSHA 29 CFR 1926.1101. All persons expect those directly involved in the glovebag operation shall be excluded form the work areas. Physical barriers shall be used, where necessary, to limit access to the work area for the duration of the glovebag operation. All moveable objects shall be removed from the work area. Non-movable objects remaining in the work area shall be covered completely with six (6) mil polyethylene sheeting securely taped so as to prevent their contamination. Objects which have already been contaminated shall be thoroughly cleaned with a HEPA filtered vacuum or be wet wiped before they are moved from the work areas or covered in place. 2. Installation: Glovebags must be installed to completely cover the pipe or other structure where asbestos abatement is to be done. OSHA required that a HEPA filtered vacuum be attached to one side of the bag(s) while also having a port for make-up air on the other side of it. The vacuum shall be left running during the removal process. 3. Removal: The removed asbestos material from the pipe that has fallen into the enclosed bag must be thoroughly wetted with a wetting agent. The wetting agent is applied with an airless sprayer through the pre-cut port provided in most glovebags or applied through a small hole in the bag. After removal of the layer of ACM, the pipe from which asbestos has been remove must be thoroughly cleaned with a wire brush and wet-wiped with a wetting agent until no traces of the ACM are observed. 4. Protective Equipment: Workers using glove bags shall use disposable full body protective clothing and a minimum of a half-face air purifying respirator with HEPA cartridges as outlined in these specifications. A central shower and clean-up facility on site must be designated. At the end of the work by glovebag, the protective suit must be removed inside-out and the worker shall proceed directly to the shower and clean-up facility. D. Alternate Methods: Alternative masking and sealing methods, procedures, and design will be considered if any elements of proper and safe procedures to prevent contamination and exposure can be demonstrated. Any alternative methods must be reviewed and approved by the Owner, ECS (Project Designer) and appropriate regulatory agencies using variance procedures. E. Emergency Exits: Whenever possible there will be emergency exists from containment which are sealed but labeled and can be easily opened to allow workers to exit directly out of containment in case of a life threatening emergency. Asbestos Abatement 02 82 00-17 New Police Headquarters Northampton, MA CBA project #200738 F. Decontamination Chambers: 1. It is the Abatement Contractor’s responsibility to provide Decontamination Chambers consisting of an equipment room, shower and clean room for personnel involved in asbestos removal under full containment. The Chamber shall be masked and sealed with layers of six-mil polyethylene sheeting with flaps between each room. 2. Each of the three rooms will be of a sufficient size to accommodate contaminated personnel and related equipment. The rooms will be framed, masked, sealed and attached and sealed to the entry/exist ways of asbestos worksite. The three rooms together will be referred to as the Decontamination Chamber. A Decontamination Chamber will be required for each separate contained removal worksite. Equipment rooms, Clean Rooms, and Showers may be part of the existing space with the approval of the Owner. Adequate heat and light will be safely provided. 3. Decontamination Chambers that are constructed on the exterior of the building shall be free standing and framed with 2” x 4” studs with plywood walls. Exterior Decontamination Chambers shall be weather resistant and secured with locks when not in use. Masking and sealing requirements remain the same as those stated above. 4. Equipment Room: The Equipment Room shall provide an intermediate area of lesser asbestos pollution for decontamination of personnel and removed asbestos-contaminated materials. This room will be periodically vacuumed and washed in order to prevent asbestos dust and debris accumulation. It also serves as access areas to the shower for personnel leaving the work area. Workers leaving containment shall remove and dispose of disposable protective suits and wear only respirators into the shower. 5. Shower Room: The Shower Room shall have a continuous supply of cold and hot water, and be suitably arranged for complete showering during decontamination. The Shower Room with curtained doorways will comprise an airlock between contaminated and clean areas. All showers shall have a two stage filtering system for wastewater connected immediately off the drain pipe or sump pump outlet. The first stage shall efficiently filter fibers down to twenty (20) microns in length, and the second efficiently down to five (5) microns in length. 6. Clean Room: The Clean Room shall store asbestos worker’s street clothing, clean protective clothing and clean respirator equipment. It shall have lockers or shelves, and clean sealable plastic bags for storage of street clothes. Contaminated clothing, respirators, tools, equipment, or other materials shall not be allowed to be introduced into the Clean Room or into unmasked areas. The Clean Room will serve as an access for personnel entering the work area, and for the donning or respiratory protection and protective clothing. It will be equipped with a lockable door to secure the work place during off-shift hours. 7. The Abatement Contractor shall provide a minimum of one water heater per work area decontamination chamber. Wastewater will be filter by 20 micron and 5 micron filters in a series prior to discharge. Asbestos Abatement 02 82 00-18 New Police Headquarters Northampton, MA CBA project #200738 G. Change Rooms: Mini-Containments require the installation of a single stage change room constructed on one layer of six-mill polyethylene sheeting. The change room shall be sealed and attached to the mini-containment to provide an intermediate area of lesser asbestos pollution for decontamination or personnel. Workers leaving the work areas shall remove and dispose of their protective suits in this room and either proceed to the remove decontamination unit of conduct a thorough washing of the hands and face. H. Waste Load Out Enclosure: The waste decontamination enclosure system when under full containment shall consist of two totally enclosed chambers and shall also comply with the following requirements: 1. The washroom will be constructed with an airlock to the work area and an airlock to the holding area. 2. The holding area will be constructed with an airlock doorway to the washroom and a lockable door to the outside. 3. The water shall pass pass through shower filtering system and will be filtered down to five (5) micron particle size. 4. These chambers will be constructed with impermeable barriers at exterior walls and doors will be secured at the end of each shift. 3.03 -HEPA FILTRATION REQUIREMENTS A. General: After masking and sealing is completed and the asbestos worksite is contained and before work begins, the Abatement Contractor and Project Monitor shall smoke test to confirm negative pressure inside the contained worksite. The volume of air within the contained worksite should be changed at least four (4) times per hour or once every fifteen (15) minutes. If the Project Monitor determined that the requirements compromise containment integrity, the capacity of the NAFU system may be reduced. B. Testing Requirements: The Contractor shall be responsible for the use of negative air pressure with continuous recording charts to confirm a negative air pressure of at least 0.02 inches of water column per full containment. Equipment used for producing a negative pressure shall have a filtering device in conformance with ANSI A9.2, and shall operate 24 hours a day. All pressure measurement and recording is subject to confirmation by the Project Monitor. All HEPA filtration units utilized will be DOP tested within the last six (6) months. Certificates of testing for each identified unit will be provided to the Project Monitor upon operation of the units. C. 2000 CFM HEPA units inside the work area during abatement. The additional unit will be utilized upon failure of any operation units. D. NAFU Equipment Requirements: The HEPA filtration units will be equipped with the following: 1. Magnehelic gauge to monitor the units’ air pressure difference across the filters and be able to interpret magnehelic reading to cubic feet per minute (CFM). Asbestos Abatement 02 82 00-19 New Police Headquarters Northampton, MA CBA project #200738 2. An affixed label, clearly marked and conspicuous, showing the most recent installation date and hour reading of the primary internal HEPA filter. Hourmeter, to record unit operation time. 3. Automatic shut off for filter failure or filter absence. 4. Audible alarm with or without flashing red light for unit shutdown. 5. Amber flashing warning light for filter loading. 6. Must have safety system that prevents unit from being operated with the HEPA filter backwards 7. All flexible ducting, vent tubing, adapter plates and other equipment used for the passable of filtered air will be undamaged and free of air leaks at all points. E. Prefilters: Prefilters will be changed frequently during removal (at least once per hour under heavy removal conditions). They will be changed before air-flow is altered to drop worksite air exchange below four air changes per hour. F. NAFU Exhaust: HEPA air filtration units will be exhausted outdoors and at least fifteen (15) feet above the ground whenever possible. At no time shall the negative pressure ventilation unit exhaust within 40 feet of a receptor or adversely affect the air intake ports, louvers, or entranced of the building or adjacent buildings. NAFUs which are exhausted to the building’s interior shall be monitored during abatement work by the Project Monitor. 3.04 -CLEANING AND ENCAPSULATION A. Amended Water: A fine spray of amended water will be used to keep top layers of asbestos in the waste bags and containers damp to minimize potential asbestos dust release. Wetting of asbestos is to be done with low pressure spray equipment, using water amended with a wetting agent/surfactant containing fifty percent (50%) polyoxyethylene ether and fifty percent (50%) polyoxethylene ester, or the equivalent mixed one once to five gallons of water. B. Removal of Waste: Containerized waste will be removed from the work area through the decontamination chamber or waste load out. All tools and equipment will be removed from the work area and decontaminated in the decontamination chamber. Cloth, mops, and other cleaning aids will be disposed of as asbestos-containing waste material. No final inspection or testing can be performed with contaminated materials of bags of asbestos waste on site. C. Encapsulation: Prior to dismantling primary and secondary containment barriers, a bridging encapsulation/lock-down sealant will be applied to polyethylene surfaces. The chosen encapsulant must be compatible with the replacement materials and must conform to the proper edition of applicable fire and electrical standards. These do include, but are not necessarily limited to: 1. National Fire Prevention Association -Codes 90a 2-1.3.1 through 3-3.8.1 Asbestos Abatement 02 82 00-20 New Police Headquarters Northampton, MA CBA project #200738 2. National Electrical Code -Code 300-21. After removal and disposal of secondary polyethylene sheeting and clearance of the visual inspection, a bridging encapsulant/lockdown sealant will be applied to remaining surfaces in direct contact with removal operations, polyethylene sheeting and on any porous surfaces within the work site. Final air clearance samples will be taken after the containment is dry. D. Removal of Containment Barriers: After successful clearance air monitoring, the isolation barriers will be removed in conjunction with the use of a HEPA vacuum. E. Spills: The Contractor will be responsible for necessary precautions to prevent pollution by spillage during the performance of services and shall assume full responsibility for caused spills, which will be cleaned up at the Contractor’s expense. 3.05 -DISPOSAL A. General: The Contractor will be responsible for asbestos disposal, which will be done as soon as possible. Procedures for hauling and disposal shall comply with 40 CFR 61 Subpart M, Federal Emission Standards and other applicable state, regional and local government standards. B. Waste Disposal Sites: Waste disposal sites for asbestos materials will be in accordance with 40 CFR 61.25, Waste Disposal Sites. The Contractor shall provide and submit to the Agent or Owner and Project Monitor written evidence that the site is approved for asbestos disposal by the EPA, State and local regulatory agencies. C. Daily Disposal: At the end of each work day the Contractor shall remove the debris accumulated during that days work activities using procedures outlined in the Specifications. The Abatement Contractor shall provide a daily tally of all quantities removed. D. Temporary Storage of Waste: An area for temporary storage of asbestos waste must be approved by the Owner. Asbestos waste may only be stored in a restricted area or enclosed container which is posted and secured whenever not in use. Asbestos waste material shall be loaded into a waste transportation vehicle/dumpster and hauled away as soon as there is a sufficient quantity available for direct transportation to the approved disposal site. Vehicles hauling asbestos waste materials will be covered to prevent emission of asbestos in route to the disposal site. E. Labeling of Disposal Containers: Warning labels having waterproof print and permanent, waterproof adhesive will be affixed to bags, drums (lid and sides), and other containers used for asbestos waste. Labels will be conspicuous and legible and legible and shall contain the following warning: DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD A DOT “class 9” shipping label and DOT mark shall be applied to or be printed on each packaging of asbestos containing materials. The AAC is directed to property label waste bag in accordance with the latest NESHAP standard Section 61.150, with the following information: Asbestos Abatement 02 82 00-21 New Police Headquarters Northampton, MA CBA project #200738 Asbestos Abatement Contractor’s Name SITE OWNER’S NAME SITE NAME F. Contractor’s Responsibilities: The Contractor shall fulfill waste generator responsibilities as specified by 40 CFR 61, Subpart M, Federal Emission Standards for Asbestos, revised November 20, 1990, and other applicable state, regional and local government standards. The Contractor shall maintain Waste Shipment Records and shall provide a copy of the Waste Shipment Records and shall provide a copy of the Waste Shipment Record, designating the number of bags or cubic yard (s) of asbestos waste. This record will be provided to the Owner or Project Monitor and signed by all transporters and the designated disposal site owner/operator. If the completed Waste Shipment Records is not received by the Contractor from the disposal site owner/operator within 45 days of the date of waste was accepted by the initial transporter, the Contractor shall immediately provide the Owner with a copy of of the report sent to the EPA regarding the status of the Waste Shipment Record. G. Manifests: A qualified person must sign all hazardous waste manifests. 3.06 -OTHER TRADES A. When other trades personnel (electrician, plumber, etc.) are required to enter the contained asbestos removal areas to perform emergency work the following procedures will be followed: 1. Sign in and out of the bound log book and enter the date and time. 2. Wear a NIOSH/MSHA approved respirator as required by these specifications. Fit test and medical surveillance records shall be provided to the Owner prior to entering containment. 3. Wear disposable full body protective clothing as required by these specifications. 4. Full shower and decontamination procedures will be followed, along with the proper decontamination of any tools or equipment brought into the work area. 5. Respiratory protection and protective clothing to be provided by the Abatement Contractor, unless otherwise agreed upon. 6. Personnel entering the regulated, contained work areas must have the required training and possess a valid workers license as required by Commonwealth of Massachusetts DOS/DLWD regulations. 3.07 -QUALITY CONTROL AND TESTING A. Review of Work Practices: The Project Monitor will review the Contractor’s work practices prior to the start of removal in each work area and will report any Specification violations to the Owner. Removal of ACMs may begin with the approval of the Project Monitor once the Asbestos Abatement 02 82 00-22 New Police Headquarters Northampton, MA CBA project #200738 deficiencies are corrected. If the Contractor fails to correct deficiencies in a timely manner, the Owner will be notified in writing. The Project Monitor will review containment structures and negative air conditions before work begins and after the Abatement Contractor Site Supervisor has give approval. If at any time the results of the area air sampling from the interior of the building work area perimeter or negative air filtration unit exhaust exceed 0.03 f/cc work will be stopped until the source of the elevated fiber counts can be determined. At no time during the course of this work should the airborne concentration of asbestos fibers exceed 0.2 fibers per cubic centimeter (<0.2 f/cc), 8 hour TWA, inside a containment structure as measured by daily personnel monitoring. If fiber levels exceed this level, stop operations and contact the Project Designer to determine additional procedures to minimize fiber release. B. Air Sampling Equipment: 1. Cassettes will be loaded with the filters under clean laboratory conditions. A 5.0 micron pore-size cellulose ester backing filter will be placed behind the collecting filter, followed by the cellulose support pad and the cassette base. A metal cowl or an electrically conductive cowl will be used in conjunction with the sampling train. 2. The filter assembly will be upstream of components in the sampling train except for an optional size selective inlet or wind and rain shield. The air flow measuring device will be downstream of the filter and the pump assembly, or integral with the pump assembly. 3. The air flow measuring/metering device will be a high quality rotometer, mass flow, dry gas meter or critical orifice. Measuring devices shall have a range of at least 1.5 times the desired flow rate and be readable to at least 0.1 of the desired flow rate. It will be calibrated against standards of higher accuracy before and after sampling for each asbestos project. The calibrations will be recorded. 4. Sampling for analysis by phase contrast microscopy shall employee cellulose ester collection filters with 0.8 micron pore size. 5. Sampling for analysis by transmission electron microscopy shall employ 25 mm diameter polycarbonate collection filters, preferably with 0.4 micron pore size. Cellulose ester filters, preferably with 0.45 micron pore size can be used if significant levels of contaminated organic material are present in the air. Organic contaminants will be identified and reported. C. Air Sampling Requirements: The following minimum schedule of samples will be required by the Project Monitor, during the abatement process. 1. Background Samples: Air and the appropriate dust samples (as necessary) will be taken to represent conditions before the Abatement Contractor starts masking and sealing operations. At least five samples will be taken inside each proposed regulated area and one outside each major opening. These area samples shall require enough volume of air to assure the lowers detectable limit of no greater than 0.005 fibers/cc. Asbestos Abatement 02 82 00-23 New Police Headquarters Northampton, MA CBA project #200738 2. Area Samples During Removal: During removal area samples will be collected outside major openings, at the discharge of negative air filtration units, in the clean room, at other critical points outside the work areas. Furthermore the Project Monitor will take samples as necessary to monitor and document air quality outside of the asbestos worksites and/or upwind and downwind during asbestos related work with at lease one location between the work area occupied portions of the site. Outside containment samples shall require sufficient volume of air to assure a lower detectable lime of 0.005 fiber/cc by the NIOSH 7400 Method. 3. Post-abatement Clearance Air Monitoring: Post Abatement clearance air samples will be taken from containments twenty-four (24) hours after cleaning of surfaces is completed, a visual inspection by the Project Monitor detects no visible debris and surfaces are encapsulated (if warranted) and dry. All final air clearance samples will be collected in accordance with AHERA final air testing/clearance requirements. The worksite must have containment barriers, HEPA filtration system and the decontamination unit remaining in place and functional. a. Phase Contrast Microscopy (PCM) Clearance Testing: PCM testing will be performed for background, area, and final air sampling. All samples should not exceed a concentration of 0.010 fibers/cc or the background levels previously detected. All final clearance samples shall require sufficient volume of air to assure a lower detectable limit of 0.005 fibers/cc by NIOSH 7400 Method. b. Transmission Electron Microscopy (TEM) Clearance Testing: TEM clearance testing may be performed to confirm the completion of removal, encapsulation or enclosure. Areas requiring TEM clearing air sampling shall be required to pass PCM clearance air sampling prior to the collection of TEM clearance air samples if the job site outside the contained work area is visibly dusty. The contained worksite must not be wet and a fan or leaf blower will be blown against walls, ceilings, floors, ledges, and other surfaces to circulate air and simulate real conditions for at least 5 minutes per 1,000 square feet. Stationary fans shall be directed towards the ceiling and operated on slow speed. One fan shall be used for each 10,000 cubic feet or work area. A minimum of five final clearance air samples will be collected inside the contained removal worksites or regulated area and after the clearance or visual inspection criteria. Additionally, five clearance air samples will be collected at the same time outside of contained removal worksite or regulated areas. These outside containment samples shall be representative of the make-up air entering the containment or regulated area. Work in the contained removal worksite or regulated area shall be considered complete when the average concentration of asbestos of the five inside containment air samples is not statistically different, as determined by the Z-test calculation found in Appendix A of 40 CFR 763 Subpart E, from the average asbestos concentration of the five outside containment air samples and average asbestos concentration of the three field blanks is below the filter background level of 70 structures per square millimeter (70 s/mm). Not meeting the above TEM air clearance criteria shall require the Abatement Contractor to reclean the designated worksite followed by a repeat of the final clearance testing. Cleaning and testing will be repeated until the TEM air Asbestos Abatement 02 82 00-24 New Police Headquarters Northampton, MA CBA project #200738 clearance criteria is complied with. All TEM final clearance samples shall require minimum volume of 1,200 liters, but should not exceed 1,800 liters. C. Methods of Measurement: All determination of airborne concentration of asbestos fibers during the project will be made by the membrane filter method using phase contrast illumination and 400-450X magnification, with sample mounted in high viscosity solution of membrane filter material in accordance with NIOSH P & CAM 239 and 7400 Methods, USEPA document 600-4-85-049 (Nov. 1995) and USEPA publication 560/5-85-024 (June 1984). Final air clearance testing to be performed by TEM analytical methods shall be analyzed in accordance with Appendix A of USEPA 40 CFR 763 Subpart E. D. Posting of Air Sample Results: Air sampling results will be posted no more than 24 hours after the completion of a sampling cycle. The document shall list each sample’s results, sampling time and date, exact location of where it was taken, flow rate, microscope field area, fields counted and cassette size. Air sample analysis will be reported in fibers per cubic centimeter. Samples shall have a chain of custody record. Asbestos Abatement 02 82 00-25 New Police Headquarters Northampton, MA CBA project #200738 TABLE 1 ASBESTOS CONTAINING MATERIALS NORTHAMPTON POLICE DEPARTMENT 26 CENTER STREET, NORTHAMPTON,MASSACHUSETTS Functional Space (s) Material Description Material Class Friability & Access Condition Estimated Quantity Gray 9”x9” Floor Tiles Misc. Non-Friable Accessible Lower Level: Good File Storage Men’s Locker Room Dark Room Main Floor: Captain Office Captain Operations Chief’s Office Gray Floor Tiles (unknown size located under carpeting) Misc. Non-Friable Accessible Good 1,100 SF* Throughout Pipe Elbow/Fittings and Pipe Insulation TSI Friable Inaccessible Fair 400 fittings and 250 LF** Boiler Exhaust Breeching Insulation TSI Friable Accessible Boiler Room Good 150 SF Boiler Insulation TSI Friable Inaccessible Unknown 1 Boiler*** Exterior White Window Frame Caulkings Misc. Non-Friable Accessible Good 27 windows Rooftop Black Asphalt Roofing Misc. Non-Friable Inaccessible N/A 4,500 SF **** Doors Door Casing Caulkings Misc. Non-Friable Accessible Good Throughout ***** Key: SF – Square Feet; LF – Linear Feet TSI – Thermal Systems Insulation Misc. – Miscellaneous NOTES: * ACM floorings may be located in multiple layers, and/beneath carpeting. **TSI may also be located within walls, ceiling and floor spaces. Additional exploratory investigation (destructive methods) would be required to determine actual quantities. Presumed TSI pipe run insulation within inaccessible areas estimated at 250 LF. *** TSI boiler insulation presumed to be present on operating boiler (no access was attained). ****Asphalt roofing materials located beneath rubber membrane roofing system. A single bulk sample was collected from a visible roof area located at the rooftop access hatch. No core samples were collected. ***** Door Casing Caulking data came back at <1% asbestos. See Limitations Section for areas deemed inaccessible or not included in Scope of Work Asbestos Abatement 02 82 00-26 New Police Headquarters Northampton, MA CBA project #200738 Asbestos Abatement 02 82 00-27 TABLE 2 SUSPECT MATERIALS WITH NO ASBESTOS DETECTED NORTHAMPTON POLICE DEPARTMENT 26 CENTER STREET,NORTHAMPTON,MASSACHUSETTS Functional Space (s) Material Description Lower Floor; Evidence Room White Duct Insulation Lower Floor; Evidence Room White Cloth Wrap assoc. w/white duct insulation Lower Floor; Evidence Room Paper Backing (bottom layer) assoc. w/white duct insulation Lower Floor; Evidence Room Black Vibration Damper associated with Duct Work Throughout Black Mastic associated with Gray 9”x9” Floor Tile Basement; Women’s Locker Room Yellow Mastic associated with 4” Pink Vinyl Baseboard Throughout White 2’x4’ Ceiling Tile Throughout Gray Gypsum Board Throughout White Joint Compound Throughout Light Gray with Gray Flecks 12”x12” Floor Tile Throughout Black mastic assoc.w/light gray w/gray flecks 12”x12” floor tile Throughout – bathrooms, hallways, holding cells White Grout associated with Ceramic Tiles Throughout Throughout – bathrooms, hallways, holding cells Gray Mastic associated with Ceramic Tiles Throughout White Skim Coat Plaster Throughout Gray Base Coat Plaster Boiler Room Gray Caulking associated with Boiler Garage Black Sealant associated with Air Handling Unit Shooting Range White Soundproofing Shooting Range Brown Mastic associated with White Soundproofing Shooting Range White Caulking between White Soundproofing Panels Throughout – Hallways White Mastic associated with White Plastic Wall Paneling Throughout – Closets White Mastic associated with 4” Black Vinyl Baseboard Administration Yellow Mastic associated with Carpets Throughout Black Mastic associated with Gray 12”x12” Floor Tile Throughout – Office Areas Dark Gray 12”x12” Floor Tile Throughout – Office Areas Yellow Mastic associated with Dark Gray 12”x12” Floor Tile Throughout Yellow Mastic associated with 4” Blue Vinyl Base Board Throughout Light Gray 12’x12” Floor Tile Throughout Yellow Mastic associated with Gray 12”x12” Floor Tile Roof – Metal Metal Deck Grey Coating on Metal Deck 1st Floor – Hallways and Various Offices Light Gray 12”x12” Floor Tile 1st Floor – Hallways and Various Offices Yellow Mastic associated with Light Gray 12”x12” Floor Tile 1st Floor – Hallways and Various Offices Older White 2’x4’ Ceiling Tiles 1st Floor – Hallways and Various Offices Newer White 2’x4’ Ceiling Tiles Rooftop White Caulking around Roof Penetrations Exterior Window Glazing Compound Exterior White Window Casing Caulking Throughout Yellow Mastic associated with Light Gray 12’x12” Floor Tile END OF SECTION New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-1 SECTION 02 83 00 LEAD CONTAINING PAINT HANDLING PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Asbestos and Lead Inspection for Northampton Police Station, prepared by ECS January 2009. 1.02 LEAD CONTAINING PAINT SURVEY A survey to determine the possible presence of lead on various painted and coated surfaces was conducted in accessible areas of Northampton Police Station by Environmental Compliance Services, (ECS) Inc. ECS collected a total of 41 paint chip samples to determine the presence of lead. Laboratory analysis indicated that lead was detected at various sample locations. Any painted/coated materials/components not defined below shall be presumed to contain concentrations of lead until laboratory data proves otherwise. In addition, ECS collected one composite building material sample for waste stream characterization and submitted this sample for TCLP lead analysis. TCLP lead data did not indicate the presence of lead above method detection limits. A data summary table is presented herein: TABLE 1 LEAD PAINT ANALYSIS RESULTS NORTHAMPTON POLICE DEPARTMENT 26 CENTER STREET, NORTHAMPTON,MASSACHUSETTS Sample Location Description Sample ID Substrate Result Weight (%) Basement; Evidence Room Tan Paint Pb-1 Ceiling Heating System 0.47 Basement; Evidence Room Gray Paint Pb-2 Metal Door & Frame 0.39 Basement; Evidence Room Tan/Brown Paint Pb-3 Cement BDL Basement; Evidence Room White/Green Paint Pb-4 Cement Wall 0.17 Basement; File Storage Pink Paint Pb-5 Metal Door & Frame 0.15 Basement; File Storage Pipe Solder Pb-6 Metal Roof Drain 37.56 Basement; Men’s Shower White Paint Pb-7 Ceiling 0.03 Basement; Men’s Bathroom Blue Paint Pb-8 Toilet Stall Door & Frame 0.03 Basement; Men’s Locker Room Off-White Paint Pb-9 Block Wall 0.05 Basement; Men’s Locker Room Gray Paint Pb-10 Structural Steel 0.07 Basement; Women’s Locker Room Pink/Yellow Paint Pb-11 Toilet Stall Door & Frame 0.42 Basement; Women’s Locker Room Pink/Yellow Paint Pb-12 Block Wall 0.01 Basement; Boiler Room White Paint Pb-13 Ceiling Paint BDL Basement; Boiler Room Blue Paint Pb-14 Metal Boiler BDL Basement; Boiler Room White Paint Pb-15 Concrete Boiler Base 0.04 Basement; Boiler Room Yellow Paint Pb-16 Brick Wall BDL Basement; Hallway Maroon Paint Pb-17 Structural Steel 0.35 Basement: Shooting Range Gray Paint Pb-18 Cement Floor 2.54 Basement: Shooting Range Gray Paint Pb-19 Metal Bullet Depository (Back Stop) 1.88 Basement; Hallway White Paint Pb-20 Block Wall 0.02 Stairwell Purple/Blue Paint Pb-21 Railing/Trim 0.21 1st Floor; Interview Room Light Blue Paint Pb-22 Door & Frame BDL New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-2 Sample Location Description Sample ID Substrate Result Weight (%) 1st Floor; Ready Room Dark Blue Paint Pb-23 Door & Frame BDL 1st Floor; Detective Area White Paint Pb-24 Sheetrock Wall BDL 1st Floor; Detective Area White Paint Pb-25 Block Wall BDL 1st Floor; Ready Room Light Gray/Maroon Paint Pb-26 Door & Frame BDL 1st Floor; Lunch Room White/Yellow Paint Pb-27 Wall Paint BDL 1st Floor; Holding Room White/Blue/Yellow Paint Pb-28 Wall Paint BDL 1st Floor; Booking Room White/Blue/Pink/Yellow Pb-29 Wall Paint BDL 1st Floor; Booking-B Room Blue/Yellow Paint Pb-30 Wall Paint BDL 1st Floor; Men’s Cell Area Light Green/Dark Green Pb-31 Metal Door and Frame 0.09 1st Floor; Men’s Cell Area Light Gray/Dark Gray/Tan/Green Paint Pb-32 Cell 0.32 1st Floor; Men’s Cell Area White/Off-White Paint Pb-33 Ceiling Paint BDL 1st Floor; Men’s Cell Area White Paint Pb-34 Interior Cell BDL 1st Floor; Women’s Cell Area White/Pink/Yellow Paint Pb-35 Cell Wall 0.06 1st Floor; Administration Area Light Blue Paint Pb-36 Wall BDL 1st Floor; Administration Area Dark Blue Paint Pb-37 Metal Trim 0.04 Roof Gray Paint Pb-38 Gray Metal Vent 0.21 Roof Gray/Red Paint Pb-39 Metal Pipe 0.09 Exterior Teal Paint Pb-40 Beneath Windows BDL Exterior Gray Paint PB-41 Trim 0.34 Lead analysis in paint using SW846-7420 method. BDL= Below Detection Limit (0.01% – 0.03% weight) TABLE 2 TCLP LEAD ANALYSIS RESULTS NORTHAMPTON POLICE DEPARTMENT 26 CENTER STREET, NORTHAMPTON,MASSACHUSETTS Building Description Sample ID Substrate and location Result Mg/l Northampton Police Department building Composite Building Materials Sample TCLP-01 Various building materials throughout building BDL TCLP Lead analysis in paint using SW846-1311/7420/3051 method. BDL= Below Detection Limit (0.4 mg/l) Note on units, mg/L is the same as ppm on a weight/volume basis. 1.02 DESCRIPTION OF WORK A. If Construction or Demolition activities impact surfaces with lead containing paint, then then the provisions set forth in this Section will apply. Painted surfaces will be disturbed, at a minimum, at the following locations: floors, walls, ceilings, M/E/P components, doors, and windows. Drawings prepared by the Architect define areas of proposed work. New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-3 B. General. The contractor is responsible for compliance with OSHA Lead in Construction Regulation 1926.62 and this section if one of the below activities is performed during the specified work (see Scope of Work under Section 01010 -Summary of Work). OSHA regulates activities which disturb lead and lead containing paint. Regulated activities include abrasive blasting, welding, cutting, burning on structures, manual scraping or sanding, and manual demolition of structures. The work practices described in the following sections are intended to adequately protect the workers from exposure to lead containing paint (LCP), provide a safe workplace, and protect the environment. C. Materials and Equipment. The work of this Section, without limiting the generality thereof, includes the furnishing of labor, materials, tools, equipment, services and incidentals necessary to safely accomplish tasks which will disturb lead containing paint. D. Approval and Inspections. Temporary facilities, work procedures, equipment, materials, services, and agreements must fully comply with EPA, OSHA, and NIOSH recommendations, standards and guidelines, as well as any other applicable federal, state and local regulations. Where an overlap of these regulations and guidelines exists, the most stringent shall apply. E. Disposal: The Contractor shall dispose of the scraped paint and demolition debris in accordance with the Resource Conservation and Recovery Act (RCRA) and Massachusetts Solid Waste Disposal requirements. Once generated, painted wastes shall be characterized by the contractor for hazardous waste by the EPA Toxicity Characteristic Leaching Procedures prior to disposal. Metal or steel substrates removed intact can be recycled without pre-characterization. 1.03 DEFINITIONS A. Action Level: Action level as defined by OSHA 29 CFR 1926.62 shall refer to employee exposure without regard to the use of respirators, to an airborne concentration of lead of 30 micrograms per cubic meter of air (30 μg/m3) calculated as an 8-hour-time-weighted average (TWA). B. Competent Person. Competent Person shall referred to a person who is capable of identifying existing and predictable lead hazards in the surroundings or working conditions and who has authorization to take prompt corrective measures to eliminate them. C. HEPA filter. HEPA filter shall refer to a filter capable of filtering out monodispersed particles of 0.3 microns or greater diameter from a body of air at 99.97 percent efficiency or greater. D. Lead Containing Paint (LCP). LCP shall refer to paint found to contain lead in any concentration or paint assumed to contain lead. E. Permissible Exposure Limit (PEL): PEL shall refer to employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 50 micrograms per cubic meter of air (50 μg/m3) calculated as an 8 hour time-weighted-average (TWA). If an employee is exposed to lead for more than 8 hours in any work day, the TWA for that day shall be reduced according to the following formula: Maximum permissible limit (in ug/m(3)) = 400 divided by hours worked in the day. New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-4 F. TCLP: TCLP shall refer to the Toxicity Characteristic Leaching Procedure which is used to characterize lead containing waste generated from this project. The Contractor shall notify the Owner of the TCLP results prior to the transport of the waste for disposal. 1.04 PERMITS AND INSPECTIONS A. Notifications/Approvals: The Contractor shall make, it proper and timely fashion, any necessary notifications to relevant Federal, State, and local authorities and shall obtain and comply with the provisions of all permits or applications required by the work specified, as well as make all required submittals required under those auspices. The Contractor shall indemnify the Owner, their representatives and agents from, and pay for claims resulting from failure to adhere to these provisions. The costs for permits, applications, and the like, are to be assumed by the Contractor. B. Fees, Permits and Licenses: The Contractor shall pay licensing fees, royalties, and other costs necessary for the use of any copyrighted or patented product, design, invention, or processing the performance of the job specified in this Section. The Contractor shall be solely responsible for costs, damages or losses resulting from any infringement of these patent rights or copyrights. The Contractor shall hold the Owner and Project Designer harmless from any costs, damages, and losses resulting from any infringement of these patent rights or copyrights. If the Specification requests the use of the product, design, invention, or process that requires a licensing fee or royalty fee for use in the performance of the job, the Contractor shall be responsible for the fee or royalty and shall disclose the existence of such rights. The Contractor shall be responsible for costs for licensing requirements and notification requirements and other fees related to the ability to perform the work in this Section. The Contractor shall be responsible for securing necessary permits for work under this Section, including removal, materials usage, or any other permits required to perform the specified work. 1.05 SUBMITTALS A. Pre-Construction Submittals: Prior to the commencement of the required work, the Contractor shall provide the Owner with copies of the following: 1. Copies of certifications, notifications and all applicable licenses; 2. Written Respirator and Hazardous Communications Programs; 3. Copy of Training, Fit Test and Medical Surveillance Records, as applicable; 4. Written Lead Compliance Program in accordance with OSHA 29 CFR 1926.62; 5. Name and qualifications of bidder’s chosen laboratory for personnel exposure monitoring and TCLP analysis, subject to Owner’s approval; 6. Any additional information required by the Owner or Designer. B. Post-Construction Submittals: Final payment to the Contractor shall not be made unless the following items are submitted to the Owner: 1. Original Copy of the Waste Disposal Manifests acknowledging disposal of hazardous and non-hazardous waste material from the project showing delivery date, quantity, and appropriate signature of landfill’s authorized representative; 2. TCLP analytical results; 3. Copy of Personal Air Sample Results; 4. Original Bound Log Book; New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-5 5. Copy of clearance documentation. 1.06 QUALITY CONTROL/ASSURANCE A. Training Requirements: Workers who will or may have the potential of lead exposure above the Action Level shall have proof of successfully completing a training course which covers the topics required by 29 CFR 1926.62. Contractors are also advised that training in other areas may be required and are responsible to ensure that all training requirements for appropriate trades and procedures are met. B. Specified Supervisor Qualifications: The Contractor shall specify an on-site Supervisor or Competent Person who is fully qualified in all aspects of safe work practices and procedures with lead containing materials, and have (or will have) completed a training course within the previous year prior to the commencement of lead related work. The lead training course will cover all topics required by 29 CFR 1926.62 as well as training in relevant federal, state and local, regulations, requirements, procedures and standards (including 454 CMR 10.00), supervisory techniques, and proper disposal procedures. C. Site Specific Written Compliance Program: The program will be evaluated to ensure the elements required by 29 CFR 1926.26 (e)(2)(11) (A)-(I) are specified to the conditions at the job site. D. Respiratory Protection Program. The contractor must provide for review a written respiratory protection program in accordance with 29 CFR 1910.134 if respiratory protection is to be worn during this project. E. Fit Test Records: If respiratory protection is to be worn as part of this project, records of successful respirator fit testing performed by a qualified individual within the past year, for each employee to be used on this project with the employee’s name and social security number with each record. F. Medical Surveillance: The Contractor shall provide biological monitoring to workers who have the potential of a lead exposure above the Action Level. Level. This monitoring shall be performed in accordance with 29 CFR 1926.62. If workers are expected to exceed the action level for more than 30 days in consecutive 12 months of the contractor shall institute a medical surveillance program in accordance with 29 CFR 1926.62. Blood lead sampling and analysis shall be conducted by a laboratory approved by OSHA. G. Analytical Laboratory: The name and address of Contractor’s Analytical Laboratory (for analysis of personal air samples) including certification(s) of AIHA accreditation for heavy metal analysis and name and address of Contractor’s Massachusetts DEP certified laboratory for TCLP and hazardous waste characterization. 1.07 CODES AND STANDARDS A. Work shall conform to the standards set by applicable federal, state and local laws, regulations, ordinances, and guidelines in such form in which they exist at the time of the work on the contract and as may be required by subsequent regulations. B. This project is subject to compliance with 29 CFR 1926.62, and 29 CFR Part 1926, “Safety and Health Regulations for Construction.” New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-6 C. In addition to any detailed requirements of the Specifications, the Contractor shall at his own cost and expense comply with all laws, ordinances, rules and regulations of federal, state, regional, and local authorities regarding handling and storing of lead waste material. D. At a minimum, to be in full compliance with all aspects of the following regulations: 1. Department of Environmental Protection, Massachusetts Hazardous Materials Regulation at 310 CMR 30.00. 2. Department of Labor, Occupational Safety and Health Administration Title 29 CFR 1926.62. 3. Massachusetts Division of Occupational Safety 454 CMR 10.00 Regulations by the above and other governing agencies in their most current version are applicable throughout this project. Where there is a conflict between this Specification and the cited federal, state or local regulations or guidelines, the more restrictive or stringent requirements shall prevail. This section refers to many requirements found in these references, but in no way is it intended to cite or reiterate all provisions therein or elsewhere. It is the Contractor’s responsibility to know, understand, and abide by all such regulations, guidelines and common practices. PART 2.0 PRODUCTS 2.01 PROTECTIVE CLOTHING A. Coveralls (whole body protective coverings): Protective work clothing must prevent lead from contacting employees' work or street clothes, undergarments, or skin. Coveralls or similar fullbody work clothing shall be worn by all workers exposed to LCP in the work area until exposure monitoring results indicate exposures to be below the PEL at which time the Contractor has the option to continue or discontinue the use of coveralls. Sleeves shall be secured at the wrist and pant leg at the ankle with tape. Disposable protective work clothing which is frequently ripped or fall apart under normal use is not considered "appropriate protective work clothing." All coveralls shall be be cleaned after each wearing in accordance to the provision for cleaning in 29 CFR 1926.62. Any protective work clothing which has been rendered inappropriate, (e.g., when coveralls develop rips or tears) must be promptly repaired or replaced. Effective protection against contamination of employees' skin, hair, and garments must be maintained at all times. B. Boots: Work boots with non-skid soles shall be worn by all workers and where required by worksite conditions, safety boots (Steel toe or steel tow and shank) shall be worn. C. Other Items: Whatever other items of protective clothing and safety equipment are required, shall be provided by the Contractor, including but not limited to goggles, heavy gloves, hard hats and protective clothing. D. Pumps and Filters: Personal sampling pumps, and filter cassettes shall be provided by the Contractor to carry out the air monitoring program. E. Respiratory Protection: The Contractor shall provide workers, foremen, and superintendent exposed to LCP in the work area a minimum of properly fitted half-face respirators approved by NIOSH. These respirators shall be worn until personal exposure sampling indicates that New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-7 exposures are below the PEL at which time the Contractor has the option to continue or discontinue the use of respirators. Authorized visitors (i.e. Federal, State, and Local inspectors) must provide current health and medical report certifying them as approved to wear half-face respirators. When respirators and disposable filters are employed, sufficient replacement filters will be provided by the Contractor for the workers and any visitors. The minimum respiratory protection required for this project is as follows: 1. Negative pressure, half mask, air purifying respirators, equipped with HEPA filters initially and for airborne lead dust levels not in excess of 500 μg/m3 (10 X PEL). 2. Full face piece, air purifying respirator, with HEPA filters for airborne dust levels not in excess of 2,500 μg/m3 (50 X PEL). 3. Pressure demand, full face, supplied air respirators for airborne lead dust concentrations are are expected to meet or exceed 50,000 μg/m3 (1000 X PEL). Workers inside the work area will wear the proper respirator for the lead dust level generated. Workers must be properly trained in the care, use, and maintenance of respirators. A formal respiratory protection program must be implemented in accordance with 29 CFR 1910.134. Respirators will not be removed until the worker enters the washing area of the decontamination chamber. PART 3.0 EXECUTION 3.01 WORKER PROTECTION A. Initial Determination: The Contractor shall determine, through personal exposure monitoring on the job site or through relevant documentation from other similar jobs, where workers will be exposed to airborne lead at or above the OSHA Action Level and Permissible Exposure Limit. If exposure at or above the action level are documented, appropriate health and safety procedures identified herein shall be followed. If levels below the action level are documented, the Contractor shall exercise and appropriate level of care to ensure that exposures above the action level do not occur. Whenever there is a chance of equipment, process, control, personnel or a new task has been initiated that may result in additional employees being exposed to lead at or above the action level or may result in employees already exposed at or above the action level being exposed above the PEL, the Contractor shall conduct additional monitoring. B. Biological Monitoring: Until a negative initial determination is achieved, any worker has the potential of lead exposure must have baseline blood level screening determined by the whole blood lead method, utilizing Vena-Puncture technique. This test must be performed before workers re-enters a lead contaminated work area. A worker will be removed from the job if his blood level is 40 μg/dl or greater. The Contractor shall be responsible for medical surveillance and record keeping. C. Personal Hygiene Practices: Where exposures to airborne lead above the OSHA PEL occur or may be expected to occur, the Contractor shall enforce and follow good personal hygiene practices. These practices shall be performed until personal exposure sampling indicates that exposures at below the PEL at which time the Contractor has the option to continue to or New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-8 discontinue the use of personal hygiene facilities. These practices shall include but not be limited to the following: 1. The Contractor shall assure that food, beverages or tobacco products are not present or used, and cosmetics are not applied, in the work area or any areas where employees are exposed to lead above the PEL. The Contractor will provide a clean space, separated from the work area for these activities. Employees shall not enter lunchroom facilities or eating areas with protective work clothing or equipment unless surface lead dust has been removed by vacuuming, downdraft booth, or other cleaning method that limits dispersion of lead dust. 2. The Contractor shall provide a clean change area for employees whose airborne exposure to lead is above the PEL, and as interim protection for employees performing abrasive blasting, welding, cutting or torch burning prior to an exposure assessment without regard to the use of respirators. Change areas shall be equipped with separate storage facilities for protective work clothing and equipment and for street clothes which prevent cross-contamination. 3. The Contractor shall provide shower facilities, where feasible, for use by employees whose airborne exposure to lead is above the PEL. Employees shall shower at the end of the work shift and an adequate supply of cleansing agents and towels for use by affected employees shall be provided. Where showers are not provided the Contractor shall assure that employees wash their hands and face at the end of the work-shift. 4. Wash facilities will be provided by the Contractor. This wash facility will consist of, at least, running potable water, towels, and a HEPA vacuum. Upon leaving the work area, each worker will remove and dispose of work suit, wash and dry face and hands, and vacuum clothes. 5. A lavatory facility must be provided and located adjacent to the work area. The eating and drinking area, clean room, room, and the lavatory must be maintained in a clean and orderly fashion at all times. The Contractor will provide portable lavatories when needed and disinfect them daily. 3.02WORK AREA SET UP A. Site Safety: The Contractor is responsible for all safety at the work site. This includes, but is not limited to, electrical safety, mechanical (tool) safety, fire safety, and personnel protective safety. Safety requirements are, for the most part, common sense and sound business practice; however, the Contractor is advised that federal, state, and local regulations exist which govern safety on the work site. Therefore, in addition to the following, the Contractor is responsible for adhering to the most stringent requirements if effect. B. Safety Regulations: The following are applicable Regulations. 29 CFR 1910 General Industry Standards; 29 CFR 1926 Construction Industry Standards; American National Standard (ANSI) Publications; 454 CMR 10.00 New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-9 C. Signage: Prior to the preparation for work which will disturb lead containing paint, the Contractor shall place warning signs immediately outside all entrances and exists to the area, warning that deleading work is being conducted in the vicinity. The signs shall be at least 20” x 14” and read: WARNING LEAD WORK AREA POISON NO SMOKING, EATING OR DRINKING ALLOWED IN THE WORK AREA The signs shall be in bold lettering not smaller than two inches tall. Should personal exposure monitoring results indicate that exposures to lead are below the Action Level, then signs will not be required. D. Interior Lead Removal 1. Interior de-leading may include the removal of loose, chipped, cracking, flaking, blistering, or chalking paint in areas that require preparation for re-painting as identified in other specification sections. Hand-scraping using wet methods and/or vacuum powered tools and/or caustic paste removal are the only acceptable methods of removal. 2. Interior de-leading may also include the intact removal of lead painted building components as identified in other specification sections. The Contractor shall remove lead painted building components in a manner that does not generate airborne lead contaminated dust. 3. One layer of polyethylene sheeting will be laid on the floor adjacent to areas where lead based paint removal will be performed. The sheeting shall extend a distance of 10 feet. In addition, the Contractor will use polyethylene sheeting to effectively separate all work areas to ensure that no paint chips and/or dust generated during the work is allowed to migrate beyond the work area. 4. All visible debris shall be cleaned up at the end of each workday. Prior to removal, all protective polyethylene sheeting will be HEPA vacuumed. 5. Containerized lead waste and removed lead painted building components shall be segregated from other demolition waste and disposed of in accordance with Section 3.06. E. Exterior Lead Removal 1. Exterior de-leading may include the removal of loose, chipped, cracking, flaking, blistering, or chalking paint in preparation for re-painting as identified in other specification sections. Handscraping using wet methods and/or vacuum powered tools and/or caustic paste removal are the only acceptable methods of removal. 2. Exterior de-leading may also include the intact removal of lead painted building components as identified in other specification sections. The Contractor shall remove lead painted building components in a manner that does not generate airborne lead contaminated dust. New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-10 3. One layer of polyethylene sheeting will be laid on the ground cover and over any shrubbery and shall extend from the building a minimum distance of 10 feet (where feasible, 20 feet is recommended) prior to the start of any exterior scraping activities or the removal of any exterior building components. Extreme care shall be taken to ensure that no paint chips are allowed to migrate beyond the sheeting. 4. All visible debris shall be cleaned up at the end of each workday. Prior to removal, all protective polyethylene sheeting will be HEPA vacuumed. 5. Containerized lead waste from exterior scraping activities and removed lead painted building components shall be segregated and disposed of in accordance with Section 3.06. 3.03WORK PROCEDURES A. General: These procedures detail generalities of component work procedures. Resulting bundles of “containers” of removed components and/or debris shall be carefully handled to reduce the potential of ripping, bursting or otherwise diminishing the integrity of the bundle or “container”. Care must be taken so that leaded materials are neither burned, nor dusted, nor result in further exposure to workers, residents or observers. Paint chips shall be contained either in the HEPA vacuum or in approved six-mil polyethylene disposal bags. B. Adequate environmental controls shall be used to contain or control the release of airborne concentrations of LCP or materials with LCP. 3.04 AIR SAMPLING-CONTRACTOR A. Personal Exposure Monitoring: Work practices may cause disturbance of LCP potentially resulting in airborne concentrations of lead at or above the Action Level, the Contractor shall perform personal exposure sampling to monitor personal exposure levels to airborne lead. Samples shall be taken for the duration of the work shift or for eight hours, whichever is greater. Personal samples need not be taken every day after the first day if working conditions remain unchanged, but must be taken every time there is a change in the removal operation, either in terms of the location or the type of work. Sampling will be used to determine eight-hour Time-Weighted-Averages (TWA). The Contractor is responsible for personal sampling as outlined in OSHA Standard 29 CFR 1926.62. Air sampling results shall be transmitted to the Owner and individual workers available at the job site in written form no more than forty-eight (48) hours after the completion of a sampling cycle. The reporting document shall list each sample’s result sampling time and date, personnel monitored and their social security numbers, flow rate, sample duration, sample yield, cassette size, and the analysts’ name and company, and shall include an interpretation of the results. Air sample analysis results will be reported in micrograms/cubic meter (μg/m3). B. Laboratory: The Contractor’s testing lab shall be AIHA accredited for heavy metals. Contractor shall submit for the Owner’s review and acceptance the name and address of the laboratory, certification(s) of AIHA, accreditation for heavy metal analysis, listing of relevant experience in air lead analysis, and presentation of a documented Quality Assurance and Quality Control program. New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-11 C. Frequency: Air monitoring frequency will be established in accordance with the requirements set forth in 29 CFR 1926.62. 3.05 CLEAN-UP PROCEDURES A. When work in progress, the work site shall be cleaned at end of each day’s activities. The building shall be secured to prevent entry by any person after termination of work day. Durable equipment, such as power and hand tools, generators, and vehicles shall be cleaned monthly. B. Equipment shall be cleaned by HEPA vacuuming. Surfaces shall be maintained as free as practicable of accumulations of lead containing dust and debris. Clean-up lead containing dust and debris shall be accomplished with a HEPA vacuum or wet methods. The debris shall be misted with water with an airless type sprayer and collected with a mop or broom. 3.06 DISPOSAL OF WASTE MATERIAL A. The Contractor is responsible for any required testing and for the ultimate disposal of all waste generated from the Work of this section. This waste may include, but is not limited to, leadpainted building components, lead paint chips, waste water, dust from HEPA filters and from damp sweeping, solvents and caustics used in any stripping process, wash water, disposable work clothes and respirator filters. B. All lead-paint building components shall be recycled. The Contractor shall submit laboratory analysis indicating that the waste is below the regulatory requirement for TCLP-Lead (i.e., 5 ppm). The Contractor shall also notify the recycling facility in writing, with a copy to the University, of the presence of lead-based paint in the waste stream. The Contractor shall provide written certification from the disposal or recycling facility that they have reviewed the TCLPLead information and that they are permitted to accept the waste. Copies of all such documentation shall be delivered to the University at least 10 days prior to shipment of the waste. C. For all other lead waste (chips, lead dust, waste waste water, filters, solvents, work clothes, etc.), the Contractor shall store waste in appropriate, compatible containers/drums for disposal as hazardous waste and shall be labeled and stored in accordance with all applicable regulations. The Contractor shall also submit the name, address and proof of permit for the landfill that has agreed to accept the containerized lead waste to the University at least 10 days prior to shipment. D. The Contractor is responsible for completing all disposal documents, which may include, but are not limited to, waste profiles, hazardous waste manifests and land ban restriction forms. The University Engineer will only sign a manifest or manifests for project-related hazardous wastes defined as those wastes present at the site of project initiation. Disposal of any hazardous wastes generated by the Contractor shall be the sole responsibility of the Contractor. Copies of all disposal documents shall be delivered to the University at least 10 days prior to shipment. For lead waste that is being shipped and disposed of using a hazardous waste manifest, the Contractor shall provide the original, bottom three copies of the manifest to the University at the time of shipment for distribution to the appropriate agencies. The University reserves the right to reject any facility or hauler if appropriate licenses, permits and certification cannot be demonstrated. New Police Headquarters Northampton, MA CBA project #200738 Lead Containing Paint Handling 02 83 00-12 3.07 RECYCLING OF METAL COMPONENTS A. General.: The Contractor shall not dispose of LCP painted metal components as construction waste. Instead, the Contractor shall send these materials to a scrap recycling facility. Provide proof of transfer of these materials to the Owner. B. Storage Requirements: Metal components shall be kept inaccessible to persons other than Contractor personnel. This waste shall be kept segregated from non-metal, painted materials. END OF SECTION