Revised Storm Water Discharge Permit for Large & Small Construction Activities

Proposed Changes to General Permit for Storm Water Discharges - NMR150000

        Since the original conditional certification of this permit was issued on February 11, 2003, SWQB has acquired additional information concerning some of the procedures outlined in that document. As a result, SWQB has re-evaluated some of the conditions of certification and has concluded that the following revisions, while broadening the compliance options and better reflecting "real world" conditions, still provide reasonable assurance that the Construction General Permit, as conditioned, will be protective of state water quality standards. All other conditions of certification will remain unchanged.

State Certification of the Proposed NPDES Permit NMR150000
Submitted January 30, 2004
Revised Conditions of Certification

9.C.1.a.i 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 pre-construction, 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.

9.C.1.b Storm water 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).

End of revisions.

Note: CPESC in the above 9.C.1.a.i means "Certified Professional in Erosion and Sediment Control." See http://www.cpesc.net/

For additional information and compliance assistance visit USEPA's Construction General Permit site on the internet.  For questions concerning this or other NPDES storm water issues in New Mexico, contact Rich Powell directly.

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