[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Notices]
[Pages 15622-15671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8060]
[[Page 15621]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
Final National Pollutant Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges From Construction Activities; Notice
Federal Register / Vol. 63, No. 61 / Tuesday, March 31, 1998 /
Notices
[[Page 15622]]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5987-2]
Final National Pollutant Discharge Elimination System (NPDES)
General Permit for Storm Water Discharges From Construction Activities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final NPDES general permit reissuance for storm water
discharges from construction activities.
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SUMMARY: Section 405 of the Water Quality Act of 1987 (WQA) added
section 402(p) of the Clean Water Act (CWA) which requires the
Environmental Protection Agency (EPA) to develop a phased approach to
regulating storm water discharges under the National Pollutant
Discharge Elimination System (NPDES) program. EPA published a final
regulation on November 16, 1990, (55 FR 47990) establishing permit
application requirements for storm water discharges associated with
industrial activity and for discharges from municipal separate storm
sewer systems serving a population of 100,000 or more. In the permit
application regulations, EPA defined the term ``storm water discharge
associated with industrial activity'' in a comprehensive manner to
cover a wide variety of facilities. This definition greatly expanded
the number of industrial facilities subject to the NPDES program.
Construction activities that disturb at least five acres of land and
have point source discharges to waters of the U.S. are defined as an
``industrial activity,'' 40 CFR 122.26(b)(14)(x).
The following provides notice for a final NPDES general permit,
accompanying response to comments, and fact sheets for storm water
discharges from construction activities in the following areas of
Region 4:
Indian Country Lands within the State of Alabama
The State of Florida
Indian Country Lands within the State of Florida
Indian Country Lands within the State of Mississippi
Indian Country Lands within the State of North Carolina
ADDRESSES: Notices of Intent (NOIs) submitted in accordance with this
permit to receive coverage under this permit and Notices of Termination
(NOTs) to terminate coverage under this permit must be sent to Storm
Water Notice of Intent (4203), 401 M Street, SW, Washington, DC 20460.
The complete administrative record is available from the U.S.
Environmental Protection Agency, Region 4, Freedom of Information
Officer, 61 Forsyth St. SW., Atlanta, GA 30303. A reasonable fee may be
charged for copying.
DATES: This general permit shall be effective on April 3, 1998.
Deadlines for submittal of NOIs are provided in Part II.A. of today's
permit.
FOR FURTHER INFORMATION CONTACT: Mr. Floyd Wellborn, telephone number
(404) 562-9296, or Ms. Gina Fonzi, telephone number (404) 562-9301, or
at the following address: United States Environmental Protection
Agency, Region 4, Water Management Division, Surface Water Permits
Section, Atlanta Federal Center, 61 Forsyth Street S.W., Atlanta, GA
30303.
Table of Contents.
I. Introduction
II. Quick Answers to Common Questions
III. Coverage of General Permit
IV. Summary of Options for Controlling Pollutants
V. Changes from the April 16, 1997 Proposed Permit (amended June 27.
1997)
VI. Summary of Permit Conditions
VII. Cost Estimates
VIII. Unfunded Mandates Reform Act
IX. Paperwork Reduction Act
X. Regulatory Flexibility Act
XI. Responses to Comments
XII. Section 401 Certification
XIII. Official Signatures
I. Introduction
In 1972, the Federal Water Pollution Control Act (also referred to
as the Clean Water Act (CWA)) was amended to provide that the discharge
of any pollutants to waters of the Untied States from any point source
is unlawful, except if the discharge is in compliance with a National
Pollutant Discharge Elimination System (NDPES) permit. In 1987, section
402(p) was added to the CWA to establish a comprehensive framework for
addressing storm water discharges under the NPDES program. Section
402(p)(4) of the CWA clarifies the requirements for EPA to issue NPDES
permits for storm water discharges associated with industrial activity.
On November 16, 1990 (55 FR 47990), EPA published final regulations
which define the term ``storm water discharge associated with
industrial activity.''
In 1992, EPA issued a general permit for discharges of storm water
from construction activities ``associated with industrial activity'' to
reduce the administrative burden of issuing an individual NDPES permit
to each construction activity.
II. Quick Answers to Common Questions
In this section, EPA provides answers to some of the more common
questions on the construction storm water permitting program. It is
intended to help you get started in understanding the permit. Be aware
these answers are fairly broad and may not take into account all
scenarios possible at construction sites.
How Do I Know If I Need a Permit?
You need a storm water permit if you can be considered an
``operator'' of the construction activity that would result in the
``discharge of storm water associated with construction activity.'' You
must become a permittee if you meet either of the following two
criteria:
You have operational control of construction project plans
and specifications, including the ability to make modifications to
those plans and specifications; or
You have day-to-day operational control of those
activities at a project which are necessary to ensure compliance with a
storm water pollution prevention plan (SWPPP) for the site or other
permit conditions (e.g., you are authorized to direct workers at a site
to carry out activities required by the SWPPP or comply with other
permit conditions).
There may be more than one party at a site performing the tasks
relating to ``operational control'' as defined above. Depending on the
site and the relationship between the parties (e.g., owner, developer),
there can either be a single party acting as site operator and
consequently be responsible for obtaining permit coverage, or there can
be two or more operators with all needing permit coverage. The
following are three general operator scenarios (variations on any of
the three are possible as the number of ``owners'' and contractors
increases):
Owner as sole permittee. The property owner designs the
structures for the site, develops and implements the SWPPP, and serves
as general contractor (or has an on-site representative with full
authority to direct day-to-day operations). He may be the only party
that needs a permit, in which case everyone else on the site may be
considered subcontractors and not need permit coverage.
Contractor as sole permittee. The property owner hires a
construction company to design the project, prepare the SWPPP, and
supervise implementation of the plan and compliance with the permit
(e.g., a ``turnkey'' project). Here, the contractor
[[Page 15623]]
would be the only party needing a permit. It is under this scenario
that an individual having a personal residence built for his own use
(e.g., not those to be sold for profit or used as rental property)
would not be considered an operator. EPA believes that the general
contractor, being a professional in the building industry, should be
the entity rather than the individual who is better equipped to meet
the requirements of both applying for permit coverage and developing
and properly implementing a SWPPP. However, individuals would meet the
definition of ``operator'' and require permit coverage in instances
where they perform general contracting duties for construction of their
personal residences.
Owner and contractor as co-permittees. The owner retains
control over any changes to site plans, SWPPPs, or storm water
conveyance or control designs; but the contractor is responsible for
overseeing actual earth disturbing activities and daily implementation
of SWPPP and other permit conditions. In this case, both parties may
need coverage.
However, you are probably not an operator and subsequently do not
need permit coverage if:
You are a subcontractor hired by, and under the
supervision of, the owner or a general contractor (i.e., if the
contractor directs your activities on-site, you probably are not an
operator); or
your activities on site result in earth disturbance and
you are not legally a subcontractor, but a SWPPP specifically
identifies someone other than you (or your subcontractor) as the party
having operational control to address the impacts your activities may
have on storm water quality (i.e., another operator has assumed
responsibility for the impacts of your construction activities).
In addition, for purposes of this permit and determining who is an
operator, ``owner'' refers to the party that owns the structure being
built. Ownership of the land where construction is occurring does not
necessarily imply the property owner is an operator (e.g., a landowner
whose property is being disturbed by construction of a gas pipeline).
Likewise, if the erection of a structure has been contracted for, but
possession of the title or lease to the land or structure is not to
occur until after construction, the would-be owner may not be
considered an operator (e.g., having a house built by a residential
homebuilder).
My Project Will Disturb Less Than Five Acres, But It May Be Part of a
``Larger Common Plan of Development or Sale.'' How Can I Tell and What
Must I Do?
If your smaller project is part of a larger common plan of
development or sale that collectively will disturb five or more acres
(e.g., you are building on six half-acre residential lots in a 10-acre
development or are putting in a parking lot in a large retail center)
you need permit coverage. The ``plan'' in a common plan of development
or sale is broadly defined as any announcement or piece of
documentation (including a sign, public notice or hearing, sales pitch,
advertisement, drawing, permit application, zoning request, computer
design, etc.) or physical demarcation (including boundary signs, lot
stakes, surveyor markings, etc.) indicating construction activities may
occur on a specific plot. You must still meet the definition of
operator in order to be required to get permit coverage, regardless of
the acreage you personally disturb. As a subcontractor, it is unlikely
you would need a permit.
For some situations where less than five acres of the original
common plan of development remain undeveloped, a permit may not be
needed for the construction projects ``filling in'' the last parts of
the common plan of development. A case in which a permit would not be
needed is where several empty lots totaling less than five acres remain
after the rest of the project had been completed, providing
stabilization had also been completed for the entire project. However,
if the total area of all the undeveloped lots in the original common
plan of development was more than five acres, a permit would be needed.
When Can You Consider Future Construction on a Property To Be Part of a
Separate Plan of Development or Sale?
In many cases, a common plan of development or sale consists of
many small construction projects that collectively add up to five (5)
or more acres of total disturbed land. For example, an original common
plan of development for a residential subdivision might lay out the
streets, house lots, and areas for parks, schools and commercial
development that the developer plans to build or sell to others for
development. All these areas would remain part of the common plan of
development or sale until the intended construction occurs. After this
initial plan is completed for a particular parcel, any subsequent
development or redevelopment of that parcel would be regarded as a new
plan of development, and would then be subject to the five-acre cutoff
for storm water permitting.
What Must I Do To Satisfy the Permit Eligibility Requirements Related
to Endangered Species?
In order to be eligible for this permit, you must follow the
procedures and examples found in Appendix C for the protection of
endangered species. You cannot submit your NOI until you are able to
certify your eligibility for the permit. Enough lead time should be
built into your project schedule to accomplish these procedures. If
another operator has certified eligibility for the project (or at least
the portion of the project you will be working on) in his NOI, you will
usually be able to rely on his certification of project eligibility and
not have to repeat the process. EPA created this ``coat tail''
eligibility option for protection of endangered species to allow the
site developer/owner to obtain up-front ``clearance'' for a project,
thereby avoiding duplication of effort by his contractors and
unnecessary delays in construction.
What Does the Permit Require Regarding Historic Preservation?
In order to be eligible for this permit, you must not adversely
affect a property that is listed or is eligible for listing in the
National Historic Register maintained by the Secretary of the Interior.
You cannot submit your NOI until you are able to certify your
eligibility for the permit. Enough lead time should be built into your
project schedule to accomplish these procedures. If another operator
has certified eligibility for the project (or at least the portion of
the project you will be working on) in his NOI, you will usually be
able to rely on his certification of project eligibility and not have
to repeat the process. EPA created this ``coat tail'' eligibility
option for protection of historic places to allow the site developer/
owner to obtain up-front ``clearance'' for a project, thereby avoiding
duplication of effort by his contractors and unnecessary delays in
construction.
How Many Notices of Intent (NOIs) Must I Submit? Where and When Are
They Sent?
You only need to submit one NOI to cover all activities on any one
common plan of development or sale. The site map you develop for the
storm water pollution prevention plan identifies which parts of the
overall project are under your control. For example, if you are a
homebuilder in a residential development, you need submit only one
[[Page 15624]]
NOI to cover all your lots, even if they are on opposite sides of the
development.
The NOI must be postmarked two days before you begin work on site.
The address for submitting NOIs is found in the instruction portion of
the NOI form and in Part II.C. of the Construction General Permit
(CGP).
Do I Have Flexibility in Preparing the Storm Water Pollution Prevention
Plan (SWPPP) and Selecting Best Management Practices (BMPs) for My
Site?
Storm water pollution prevention plan requirements were designed to
allow maximum flexibility to develop the needed storm water controls
based on the specifics of the site. Some of the factors you might
consider include: More stringent local development requirements and/or
building codes; precipitation patterns for the area at the time the
project will be underway; soil types; slopes; layout of structures for
the site; sensitivity of nearby water bodies; safety concerns of the
storm water controls (e.g., potential hazards of water in storm water
retention ponds to the safety of children; the potential of drawing
birds to retention ponds and the hazards they pose to aircraft); and
coordination with other site operators.
Must Every Permittee Have His Own Separate SWPPP or Is a Joint Plan
Allowed?
The only requirement is that there be at least one SWPPP for a site
which incorporates the required elements for all operators, but there
can be separate plans if individual permittees so desire. EPA
encourages permittees to explore possible cost savings by having a
joint SWPPP for several operators. For example, the prime developer
could assume the inspection responsibilities for the entire site, while
each homebuilder shares in the installation and maintenance of sediment
traps serving common areas.
If a Project Will not Be Completed Before This Permit Expires, How Can
I Keep Permit Coverage?
If the permit is reissued or replaced with a new one before the
current one expires, you will need to comply with whatever conditions
the new permit requires in order to transition coverage from the old
permit. This usually includes submitting a new NOI. If the permit
expires before a replacement permit can be issued, the permit will be
administratively ``continued.'' You will be required to submit an NOI
for coverage under the continued permit, until the earliest of:
The permit being reissued or replaced;
Submittal of a Notice of Termination (NOT);
Issuance of an individual permit for your activity; or
The Director issues a formal decision not to reissue the
permit, at which time you must seek coverage under an alternative
permit.
When Can I Terminate Permit Coverage? Can I Terminate Coverage (i.e.,
Liability for Permit Compliance) Before the Entire Project Is Finished?
You can submit an NOT for your portion of a site providing: (1) You
have achieved final stabilization of the portion of the site for which
you are a permittee (including, if applicable, returning agricultural
land to its pre-construction agricultural use); (2) another operator/
permittee has assumed control according to Part VI.G.2.c. of the permit
over all areas of the site that have not been finally stabilized which
you were responsible for (for example, a developer can pass permit
responsibility for lots in a subdivision to the homebuilder who
purchases those lots, providing the homebuilder has filed his own NOI);
or (3) for residential construction only, you have completed temporary
stabilization and the residence has been transferred to the homeowner.
III. Coverage of General Permit
Section 402(p) of the Clean Water Act (CWA) clarifies that storm
water discharges associated with industrial activity to waters of the
United States must be authorized by an NPDES permit. On November 16,
1990, EPA published regulations under the NPDES program which defined
the term ``storm water discharge associated with industrial activity''
to include storm water discharges from construction activities
(including clearing, grading, and excavation activities) that result in
the disturbance of five or more acres of total land area, including
areas that are part of a larger common plan of development or sale (40
CFR 122.26(b)(14)(x)) 1. The term ``storm water discharge
from construction activities'' will be used in this document to refer
to storm water discharges from construction sites that meet the
definition of a storm water discharge associated with industrial
activity.
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\1\ On June 4, 1992, the United States Court of Appeals for the
Ninth Circuit remanded the exemption for construction sites of less
than five acres to the EPA for further rulemaking (Natural Resources
Defense Council v. EPA, Nos. 90-70671 and 91-70200, slip op. at 6217
(9th Cir. June 4, 1992).
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This general permit may authorize storm water discharges from
existing construction sites (facilities where construction activities
began before the effective date of this permit, and final stabilization
is to occur after the effective date of this permit) and new
construction sites. New construction sites are those facilities where
disturbances associated construction activities commence after the
effective date of this permit. To obtain authorization under today's
permit, a discharger must submit a complete NOI and comply with the
terms of the permit. The terms of the permit, including the
requirements for submitting an NOI, are discussed in more detail below.
The following discharges are not authorized by this final general
permit:
Storm water discharges associated with industrial activity
that originate from the site after construction activities have been
completed and the site has undergone final stabilization;
Non-storm water discharges (except certain non-storm water
discharges specifically listed in today's general permit). However,
today's permit can authorize storm water discharges from construction
activities where such discharges are mixed with non-storm water
discharges that are authorized by a different NPDES permit;
Storm water discharges from construction sites that are
covered by an existing NPDES individual or general permit. However,
storm water discharges associated with industrial activity from a
construction site that are authorized by an existing permit may be
authorized by today's general permit after the existing permit expires,
provided the expired permit did not establish numeric limitations for
such discharges;
Storm water discharges from construction sites that the
Director has determined to be or may reasonably be expected to be
contributing to a violation of a water quality standard; and
Storm water discharges from construction sites if the
discharges are likely to adversely affect a listed endangered or
threatened species or a species that is proposed to be listed as
endangered or threatened or its critical habitat.
IV. Summary of Options for Controlling Pollutants
Most controls for construction activities can be categorized into
two groups: (1) Sediment and erosion controls; and (2) storm water
[[Page 15625]]
management measures. Sediment and erosion controls generally address
pollutants in storm water generated from the site during the time when
construction activities are occurring. Storm water management measures
generally are installed during and before competition of the
construction process, but primarily result in reductions of pollutants
in storm water discharged from the site after the construction has been
completed. Additional measures include housekeeping best management
practices.
A. Sediment and Erosion Controls
Erosion controls provide the first line of defense in preventing
offsite sediment movement and are designed to prevent erosion through
protection and preservation of soils. Sediment controls are designed to
remove sediment from runoff before the runoff is discharged from the
site. Sediment and erosion controls can be further divided into two
major classes of controls: Stabilization practices and structural
practices. Major types of sediment and erosion practices are summarized
below. A more complete description of these practices is given in
``Florida Development Manual: A Guide to Sound Land and Water
Management'' or in ``Storm Water Management for Construction
Activities: Developing Pollution Prevention Plans and Best Management
Practices,'' U.S. EPA, 1992.
1. Sediment and Erosion Controls: Stabilization Practices
Stabilization, as discussed here, refers to covering or maintaining
an existing cover over soils. The cover may be vegetation, such as
grass, trees, vines, or shrubs. Stabilization measures can also include
nonvegetative controls such as geotextiles, riprap, or gabions (wire
mesh boxes filed with rock). Mulches, such as straw or bark, are most
effective when used in conjunction with establishing vegetation, but
can be used without vegetation. Stabilization of exposed and denuded
soils is one of the most important factors in minimizing erosion while
construction activities occur. A vegetation cover reduces the erosion
potential of a site by absorbing the kinetic energy of raindrops that
would otherwise disturb unprotected soil; intercepting water so that it
infiltrates into the ground instead of running off the surface; and
slowing the velocity of runoff, thereby promoting deposition of
sediment in the runoff. Stabilization measures are often the most
important measures taken to prevent offsite sediment movement and can
provide large reductions suspended sediment levels in discharges and
receiving waters.2 Examples of stabilization measures are
summarized below.
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\2\ ``Performance of Current Sediment Control Measures at
Maryland Construction Sites'', January 1990, Metropolitan Washington
Council of Governments.
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a. Temporary Seeding. Temporary seeding provides for temporary
stabilization by establishing vegetation at areas of the site where
activities will temporarily cease until later in the construction
project. Without temporary stabilization, soils at these areas are
exposed to precipitation for an extended time period, even though work
is not occurring on these areas. Temporary seeding practices have been
found to be up to 95 percent effective in reducing erosion.3
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\3\ ``Guides for Erosion and Sediment Control in California,''
USDA, Soil Conservation Service, Davis CA, Revised 1985.
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b. Permanent Seeding. Permanent seeding involves establishing a
sustainable ground cover at a site. Permanent seeding stabilizes the
soil to reduce sediment in runoff from the site by controlling erosion
and is typically required at most sites for aesthetic reasons.
c. Mulching. Mulching is typically conducted as part of permanent
and temporary seeding practices. Where temporary and permanent seeding
is not feasible, exposed soils can be stabilized by applying plant
residues or other suitable materials to the soil surface. Although
generally not as effective as seeding practices, mulching by itself,
does provide some erosion control. Mulching in conjunction with seeding
provides erosion protection prior to the onset of vegetation growth. In
addition, mulching protects seeding activities, providing a higher
likelihood of successful establishment of vegetation. To maintain
optimum effectiveness, mulches must be anchored to resist wind
displacement.
d. Sod Stabilization. Sod stabilization involves establishing long-
term stands of grass with sod on exposed surfaces. When installed and
maintained properly, sodding can be more than 99 percent effective in
reducing erosion,4 making it the most effective vegetation
practice available. The cost of sod stabilization (relative to other
vegetative controls) typically limits its use to exposed soils where a
quick vegetative cover is desired and sites which can be maintained
with ground equipment. In addition, sod is sensitive to climate and may
require intensive watering and fertilization.
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\4\ ``Guides for Erosion and Sediment Control in California'',
USDA--Soil Conservation Service, Davis CA, Revised 1985.
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e. Vegetative Buffer Strips. Vegetative buffer strips are preserved
or planted strips of vegetation at the top and bottom of a slope,
outlining property boundaries, or adjacent to receiving waters such as
streams or wetlands. Vegetative buffer strips can slow runoff flows at
critical areas, decreasing erosion and allowing sediment deposition.
f. Protection of Trees. This practice involves preserving and
protecting selected trees that exist on the site prior to development.
Mature trees provide extensive canopy and root systems which help to
hold soil in place. Shade trees also keep soil from drying rapidly and
becoming susceptible to erosion. Measures taken to protect trees can
vary significantly, from simple measures such as installing tree
fencing around the drip line and installing tree armoring, to more
complex measures such as building retaining walls and tree wells.
2. Sediment and Erosion Controls: Structural Practices
Structural practices involve the installation of devices to divert
flow, store flow, or limit runoff. Structural practices have several
objectives. First, structural practices can be designed to prevent
water from crossing disturbed areas where sediment may be removed. This
involves diverting runoff from undisturbed upslope areas through use of
earth dikes, temporary swales, perimeter dike/swales, or diversions to
stable areas. A second objective of structural practices can be to
remove sediment from site runoff before the runoff leaves the site.
Approaches to removing sediment from site runoff include diverting
flows to a trapping or storage device or filtering diffuse flow through
silt fences before it leaves the site. All structural practices require
proper maintenance (removal of sediment) to remain functional.
a. Earth Dike. Earth dikes are temporary berms or ridges of
compacted soil that channel water to a desired location. Earth dikes
should be stabilized with vegetation.
b. Silt Fence. Silt fences are a barrier of geotextile fabric
(filter cloth) used to intercept sediment in diffuse runoff. They must
be carefully maintained to ensure structural stability and to remove
excess sediment.
c. Drainage Swales. A drainage swale is a drainage channel lined
with grass, riprap, asphalt, concrete, or other materials. Drainage
swales are installed to convey runoff without causing erosion.
[[Page 15626]]
d. Sediment Traps. Sediment traps can be installed in a drainage
way, at a storm drain inlet, or other points of discharge from a
disturbed area.
e. Check Dams. Check dams are small temporary dams constructed
across a swale or drainage ditch to reduce the velocity of runoff
flows, thereby reducing erosion of the swale or ditch. Check dams
should not be used in a live stream. Check dams reduce the need for
more stringent erosion control practices in the swale due to the
decreased velocity and energy of runoff.
f. Level Spreader. Level spreaders are outlets for dikes and
diversions consisting of an excavated depression constructed at zero
grade across a slope. Level spreaders convert concentrated runoff into
diffuse runoff and release it onto areas stabilized by existing
vegetation.
g. Subsurface Drain. Subsurface drains transport water to an area
where the water can be managed effectively. Drains can be made of tile,
pipe, or tubing.
h. Pipe Slope Drain. A pipe slope drain is a temporary structure
placed from the top of a slope to the bottom of a slope to convey
surface runoff down slopes without causing erosion.
i. Temporary Storm Drain Diversion. Temporary storm drain
diversions are used to re-direct flow in a storm drain to discharge
into a sediment trapping device.
j. Storm Drain Inlet Protection. Storm drain inlet protection can
be provided by a sediment filter or an excavated impounding area around
a storm drain inlet. These devices prevent sediment from entering storm
drainage systems prior to permanent stabilization of the disturbed
area.
k. Rock Outlet Protection. Rock protection placed at the outlet end
of culverts or channels can reduce the depth, velocity, and energy of
water so that the flow will not erode the receiving downstream reach.
l. Other Controls. Other controls include temporary sediment
basins, sump pits, entrance stabilization measures, waterway crossings,
and wind breaks.
B. Storm Water Management Measures
Storm water management measures are installed during and prior to
completion of the construction process, but primarily result in
reductions of pollutants in storm water discharged from the site after
the construction has been completed. Construction activities often
result in significant changes in land use. Such changes typically
involve an increase in the overall imperviousness of the site, which
can result in dramatic changes to the runoff patterns of a site. As the
amount within a drainage area increases, the amount of pollutants
carried by the runoff increases. In addition, activities such as
automobile travel on roads can result in higher pollutant
concentrations in runoff compared to preconstruction levels.
Traditional storm water management controls attempt to limit the
increases in the amount of runoff and the amount of pollutants
discharged from a site associated with the change in land use.
Major classes of storm water management measures include
infiltration of runoff onsite; flow attenuation by vegetation or
natural depressions; outfall velocity dissipation devices; storm water
retention structures and artificial wetlands; and storm water detention
structures. For many sites, a combination of these controls may be
appropriate. A summary of storm water management controls is provided
below. A more complete description of storm water management controls
is found in ``Florida Development Manual: A Guide to Sound Land and
Water Management'' or in ``Storm Water Management for Construction
Activities: Developing Pollution Prevention Plans and Best Management
Practices,'' U.S. EPA, 1992, and ``A Current Assessment of Urban Best
Management Practices'' Metropolitan Washington Council of Governments,
March 1992.
1. Onsite Infiltration
A variety of infiltration technologies, including infiltration
trenches and infiltration basins, can reduce the volume and pollutant
loadings of storm water discharges from a site. Infiltration devices
tend to mitigate changes to predevelopment hydrologic conditions.
Properly designed and installed infiltration devices can reduce peak
discharges, provide ground water recharge, augment low flow conditions
of receiving streams, reduce storm water discharge volumes and
pollutant loads, and protect downstream channels from erosion.
Infiltration devices are a feasible option where soils are permeable
and the water table and bedrock are well below the surface.
Infiltration basins can also be used as sediment basins during
construction.5 Infiltration trenches can be more easily
placed into under-utilized areas of a development and can be used for
small sites and infill developments. However, trenches may require
regular maintenance to prevent clogs, particularly where grass inlets
or other pollutant removing inlets are not used. In some situations,
such as low density areas of parking lots, porous pavement can provide
for infiltration.
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\5\ ``Controlling Urban Runoff: A Practical Manual for Planning
and Designing Urban BMPs'', July, 1987, Metropolitan Washington
Council of Governments.
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2. Flow Attenuation by Vegetation or Natural Depressions
Flow attenuation provided by vegetation or natural depressions can
provide pollutant removal and infiltration and can lower the erosive
potential of flows.6 In addition, these practices can
enhance habitat values and the appearance of a site. Vegetative flow
attenuation devices include grass swales and filter strips as well as
trees that are either preserved or planted during construction.
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\6\ ``Urban Targeting and BMP Selection'', United States EPA,
Region V, November 1990.
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Typically the costs of vegetative controls are less than other
storm water practices. The use of check dams incorporated into flow
paths can provide additional infiltration and flow
attenuation.7 Given the limited capacity to accept large
volumes of runoff, and potential erosion problems associated with large
concentrated flows, vegetative controls should usually be used in
combination with other storm water devices.
---------------------------------------------------------------------------
\7\ ``Standards and Specifications for Infiltration Practices'',
1984, Maryland Water Resources Administration.
---------------------------------------------------------------------------
Grass swales are typically used in areas such as low or medium
density residential development and highway medians as an alternative
to curb and gutter drainage systems.8
---------------------------------------------------------------------------
\8\ ``Controlling Urban Runoff: A Practical Manual for Planning
and Designing Urban BMPs'', Metropolitan Washington Council of
Governments, July 1987.
---------------------------------------------------------------------------
3. Outfall Velocity Dissipation Devices
Outfall velocity dissipation devices include riprap and stone or
concrete flow spreaders. Outfall velocity dissipation devices slow the
flow of water discharged from a site to lessen erosion caused by the
discharge.
4. Water Quality, Detention and Wetland Systems
a. Storm water detention practices include wet detention and
wetlands systems. These systems are designed to manage both storm water
quantity and quality. They are designed to maintain a permanent pool of
water and include a littoral zone vegetated with suitable aquatic
plants. They also may include wetland storm water treatment systems as
allowed by Florida Statutes and Florida storm water or environmental
[[Page 15627]]
resource permitting regulations. Properly designed, constructed, and
maintained wet detention systems, wetland storm water systems, and
constructed wetlands can achieve a high removal rate of sediments, BOD,
organic nutrients and metals. They are most appropriate and cost
effective when used to control runoff at sites with high water tables
and a minimum drainage area of 8 acres. These practices rely on
settling and biological processes to remove pollutants. They can also
create wildlife habitat, recreation, and landscape amenities as well as
corresponding higher property values.
a. Retention Structures/Artificial Wetlands. Retention structures
include ponds and artificial wetlands that are designed to maintain a
permanent pool of water. Properly installed and maintained retention
structures (also known as wet ponds) and artificial wetlands
9 can achieve a high removal rate of sediment, BOD, organic
nutrients and metals, and are most cost-effective when used to control
runoff from larger, intensively developed sites.10
---------------------------------------------------------------------------
\9\ See ``Wetland basins for Storm Water Treatment: Discussion
and Background'', Maryland Sediment and Storm water Division, 1987
and ``The Value of Wetlands for Non-point Source Control--Literature
Summary'', Strecker, E., et.al., 1990.
\10\ ``Controlling Urban Runoff, A Practical Manual for Planning
and Designing Urban BMPs'', Metropolitan Washington Council of
Governments, 1987.
---------------------------------------------------------------------------
b. Water Quality Detention Structures. Storm water detention
structures include extended detention ponds, which control the rate at
which the pond drains after a storm event. Extended detention ponds are
usually designed to completely drain in about 24 to 40 hours, and will
remain dry at other times. They can provide pollutant removal
efficiencies that are similar to those of retention ponds.11
Extended detention systems are typically designed to provide both water
quality and water quantity (flood control) benefits.12
---------------------------------------------------------------------------
\11\ ``Urban Targeting and BMP Selection'', United States EPA,
Region V, November 1990.
\12\ ``Urban Surface Water Management'', Walesh, S.G., Wiley,
1989.
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C. Housekeeping BMPs
Pollutants that may enter storm water from construction sites
because of poor housekeeping include oils, grease, paints, gasoline,
concrete truck washdown, raw materials used in the manufacture of
concrete (e.g., sand, aggregate, and cement), solvents, litter, debris,
and sanitary wastes. Construction site management plans can address the
following to prevent the discharge of these pollutants:
Designate areas for equipment maintenance and repair;
Provide waste receptacles at convenient locations and
provide regular collection of wastes;
Locate equipment washdown areas on site, and provide
appropriate control of washwaters;
Provide protected storage areas for chemicals, paints,
solvents, fertilizers, and other potentially toxic materials; and
Provide adequately maintained sanitary facilities.
V. Changes From the April 16, 1997 Proposed Permit (Amended June
27, 1997)
Facilities located on Indian country lands in South
Carolina will not be covered by this permit. Coverage for these
facilities can be obtained under a State issued NPDES construction
general permit.
References to the applicability of this permit to utility
companies have been deleted from Part I.B.3 of the permit.
Individuals who intend to obtain coverage under this
general permit for storm water discharges from a construction site
(where disturbances associated with the construction project commence
before the effective date of this permit), including unpaved rural
roads, must submit a Notice of Intent (NOI), if they have not already
done so, in accordance with the requirements of Part II within 30 days
of the effective date of this permit.
The NOI submission requirements of Part II.E. and Part
VII.B. have been changed. Facilities that have submitted an NOI for
coverage under the administratively continued previous general permit
do not have to submit an NOI for coverage under today's permit.
Facilities who will seek coverage under today's permit if it is
administratively continued after its expiration, must submit an NOI for
coverage during the post expiration continuance.
Facilities that have submitted an NOI for coverage under
the administratively continued general permit or have submitted since
the general permit's expiration, will get automatic coverage under
today's permit.
Facilities located on Indian country lands are exempted
from obtaining a State storm water or environmental resource permit.
The currently approved NOI (EPA form 3510-9) published in
the March 6, 1998 Federal Register (63 FR 11253) is authorized for use.
Part III.A.2.b. has been changed to clarify what
discharges may be authorized under today's permit.
Part IV.B language has been changed to eliminate
references to the Silviculture BMP manual. The language now requires
applicable facilities to be consistent with the requirements of the
State Water Policy, the applicable State storm water or environmental
resource permit, and the guidelines contained in the Florida
Development Manual: A Guide to Sound Land and Water Management. In
addition, erosion and sediment control performance standards are
deleted from the permit.
Part V language has been changed to limit the application
of nutrients to rates necessary to maintain vegetation and not cause
water quality standards violations. In additions the language has been
updated to ensure that the application, generation and migration of
toxic substances is limited and that toxic materials are properly
stored and disposed.
References to arid and semi-arid regions have been
eliminated from the permit.
Facilities terminating coverage must submit the NOT within
14 days of final stabilization.
NOTs are to be sent to the processing center in
Washington, DC. at the address indicated in Part IX of the permit.
The current endangered and threatened species list is
included.
References are made to the State of Florida environmental
resource permits where applicable.
VI. Summary of Permit Conditions
This general permit contain Notice of Intent requirements, a
prohibition on discharging sources of non-storm water, requirements for
releases of hazardous substances or oil in excess of reporting
quantities, requirements for developing and implementing storm water
pollution prevention plans, and requirements for site inspections.
A. Notice of Intent Requirements
NPDES general permits for storm water discharges associated with
industrial activity require that dischargers submit a Notice of Intent
(NOI) to be covered by the permit prior to the authorization of their
discharges under such permit (see 40 CFR 122.28(b)(2)). Consistent with
these regulatory requirements, today's permit proposes NOI
requirements. These requirements are consistent with the previously
issued general permit. Dischargers that submit a complete NOI are not
required to submit an individual permit application for such discharge,
unless the Director specifically notifies the discharger that an
individual permit application must be submitted.
[[Page 15628]]
Dischargers who want to obtain coverage under this permit must
submit NOIs using the form provided by EPA (or a photocopy thereof).
The NOI form referenced in Appendix A of this document and can be
photocopied for use in submittals. NOI forms are also available from
the EPA Region 4 Office (see the ADDRESSES section of today's
document). Completed NOI forms must be submitted to the following
address: Storm Water Notices of Intent (4203), 401 M Street, SW.,
Washington, DC 20460.
Dischargers operating under approved State or local sediment and
erosion plans, grading plans, or storm water management plans, must, in
addition to filing copies of the NOI with EPA, submit signed copies of
the NOI to the State or local agency approving such plans by the
deadlines stated below.
1. Deadlines for Submitting NOIs
Deadlines for submittal of NOIs to be authorized to discharge under
this permit are as follows:
Applicants who have submitted a completed NOI for coverage
under the administratively continued previous general permit (57 FR
44412) or applicants who have submitted a completed NOI for coverage
under the general permit after its expiration shall automatically
receive coverage under today's permit. If the applicant cannot certify
that they meet all applicable eligibility requirements of Part I.B of
today's permit or cannot be covered by, or comply with, the terms and
conditions of this permit, then the applicant shall notify the
director, in accordance with the requirements of Part IX of this
permit, within 90 days of the effective date of this permit.
On or before the effective date of this permit, for storm
water discharges from construction sites where disturbances associated
with a construction project occur on or before the effective date of
this permit, and final stabilization \13\ is completed at the site
after the effective date of this permit;
---------------------------------------------------------------------------
\13\ The term ``final stabilization'' is defined in today's
permits and is discussed in more detail in the Notice of Termination
section of today's fact sheet.
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At least 2 days prior to the commencement of construction
activities (e.g., the initial disturbance of soils associated with
clearing, grading, excavation activities, or other construction
activities), where such activities commence after the effective date of
this permit; and
For storm water discharges from construction sites where
the operator changes, (including projects where an operator is selected
after an NOI has been submitted), an NOI shall be submitted at least 2
days prior to when the operator commences work at the site.
EPA will accept an NOI at a later date. However, in such instances,
EPA may bring appropriate enforcement actions.
2. Authorization
Dischargers who submit a complete NOI in accordance with the
requirements of this permit are authorized to discharge storm water
from construction sites under the terms and conditions of this permit 2
days after the date that the NOI is postmarked, unless notified by EPA.
EPA may deny coverage under this permit and require submittal of an
individual NPDES permit application based on a review of the
completeness and/or content of the NOI or other information (e.g.,
water quality information, compliance history, etc.). Where EPA
requires a discharger authorized under the general permit to apply for
an individual NPDES permit or an alternative general permit, EPA will
notify the discharger in writing that a permit application is required.
Coverage under this general permit will automatically terminate if the
discharger fails to submit the required permit application in a timely
manner. Where the discharger does submit a requested permit
application, coverage under this general permit will automatically
terminate on the effective date of the issuance or denial of the
individual NPDES permit or the alternative general permit as it applies
to the individual permittee.
3. Contents of the NOI
A photocopy of the NOI in Appendix A of today's document may be
completed and submitted to EPA's central address to obtain
authorization to discharge under today's permit. The NOI form requires
the following information:
The mailing address of the construction site for which the
notification is submitted. Where a mailing address for the site is not
available, the location of the approximate center of the site must be
described in terms of the latitude and longitude to the nearest 15
seconds, or the section, township, and range to the nearest quarter;
The site owner's name, address, and telephone number;
The name, address, and telephone number of the operator(s)
with day-to-day operational control who have been identified at the
time of the NOI submittal, and their status as a Federal, State,
private, public, or other entity. Where multiple operators have been
selected at the time of the initial NOI submittal, NOIs must be
attached and submitted in the same envelope. When an additional
operator submits an NOI for a site with a preexisting NPDES permit, the
NOI of the additional operator must indicate the preexisting NPDES
permit number for discharge(s) from the site;
The name of the receiving water(s), or if the discharge is
through a municipal separate storm sewer, the name of the municipal
operator of the storm sewer and the ultimate receiving water(s);
The permit number of any NPDES permit(s) for any other
discharge(s) (including any other storm water discharges or any non-
storm water discharges) from the site;
An indication of whether the operator has existing
sampling data that describe the concentration of pollutants in storm
water discharges. Existing data should not be included as part of the
NOI and should not be submitted unless and until requested by EPA; and
An estimate of project start date and completion dates,
estimates of the number of acres of the site on which soil will be
disturbed, and a certification that a storm water pollution prevention
plan has been prepared for the site in accordance with the permit and
that such plan complies with approved State and/or local sediment and
erosion plans or permits and/or storm water management plans or
permits. A copy of the plans or permits should not be included with the
NOI submission, and should not be submitted unless and until requested
by EPA.
The NOI must be signed in accordance with the signatory
requirements of 40 CFR 122.22. A complete description of these
signatory requirements is provided in the instructions accompanying the
NOI (see Appendix A).
4. Additional Notification
In addition to submitting the NOI to EPA, facilities operating
under approved State or local sediment and erosion plans, grading
plans, or storm water management plans are required to submit signed
copies of the NOI to the State or local agency approving such plans by
the deadlines stated above. Failure to do so constitutes a violation of
the permit.
[[Page 15629]]
B. Special Conditions
1. Prohibition on Non-Storm Water Discharges
Today's permit does not authorize non-storm water discharges that
are mixed with storm water except for specific classes of non-storm
water discharges specified in the permit. Non-storm water discharges
that can be authorized under today's permit include discharges from
firefighting activities; fire hydrant flushings; waters used to wash
vehicles or control dust in accordance with permit requirements;
potable water sources including waterline flushings; irrigation
drainage; routine external building washdown that does not use
detergents; pavement washwaters 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; air conditioning
condensate; springs; and foundation or footing drains where flows are
not contaminated with process materials such as solvents.14
---------------------------------------------------------------------------
\14\ These discharges are consistent with the allowable classes
of non-storm water discharges to municipal separate storm sewer
systems (40 CFR 122.26(d)(iv)(D)).
---------------------------------------------------------------------------
To be authorized under the final issued permit, sources of non-
storm water (except flows from firefighting activities) must be
specifically identified in the storm water pollution prevention plan
prepared for the facility. (Plan requirements are discussed in more
detail below). Where such discharges occur, the plan must also identify
and ensure the implementation of appropriate pollution prevention
measures for the non-storm water components of the discharge. For
example, to reduce pollutants in irrigation drainage, a plan could
identify low maintenance lawn areas that do not require the use of
fertilizers or biocides; for higher maintenance lawn areas, a plan
could identify measures such as limiting fertilizer use based on
seasonal and agronomic considerations, decreasing biocide use with an
integrated pest management program, introducing natural vegetation or
more hearty species, and reducing water use (thereby reducing the
volume of irrigation drainage).
This permit will not require pollution prevention measures to be
identified and implemented for non-storm water flows from firefighting
activities since these flows will usually occur as unplanned emergency
situations where it is necessary to take immediate action to protect
the public.
The general prohibition on non-storm water discharges in today's
permit ensures that non-storm water discharges (except for those
classes of non-storm water discharges that are conditionally
authorized) are not inadvertently authorized by this permit. Where a
storm water discharge is mixed with process wastewaters or other
sources of non-storm water prior to discharge, and the discharge is
currently not authorized by an NPDES permit, the discharge cannot be
covered by today's permit and the discharger should (1) submit the
appropriate application forms (Forms 1 and 2C) to obtain permit
coverage or (2) discontinue the discharge.
2. Releases of Reportable Quantities of Hazardous Substances and Oil
Today's permit provides that the discharge of hazardous substances
or oil from a facility must be eliminated or minimized in accordance
with the storm water pollution plan developed for the facility. Where a
permitted storm water discharge contains a hazardous substance or oil
in an amount equal to or in excess of a reporting quantity established
under 40 CFR part 110, 40 CFR part 117, or 40 CFR part 302, during a
24-hour period, today's permit requires the following actions:
The permittee must notify the National Response Center
(NRC) (800-424-8802; or in Region 4, 404-562-8702) in accordance with
the requirements of 40 CFR part 110, 40 CFR part 117, and 40 CFR part
302, as soon as they have knowledge of the discharge;
The permittee must modify the storm water pollution
prevention plan for the facility within 14 calendar days of knowledge
of the release to provide (1) a description of the release, (2) the
date of the release and (3) the circumstances leading to the release.
In addition, the permittee must modify the plan, as appropriate, to
identify measures to prevent the reoccurrence of such releases and to
respond to such releases.
Within 14 calendar days of the knowledge of the release,
the permittee must submit to EPA (1) a written description of the
release (including the type and estimated amount of material released),
(2) the date that such release occurred, (3) the circumstances leading
to the release, and (4) any steps to be taken to modify the storm water
pollution prevention plan for the facility.
Where a discharge of a hazardous substance or oil in excess of
reporting quantities is caused by a non-storm water discharge (e.g., a
spill of oil into a separate storm sewer), the spill is not authorized
by this permit. The discharger must report the spill as required under
40 CFR part 110. In the event of a spill, the requirements of section
311 of the CWA and otherwise applicable provisions of sections 301 and
402 of the CWA continue to apply.
This approach is consistent with the requirements for reporting
releases of hazardous substances and oil-requirements that make a clear
distinction between hazardous substances typically found in storm water
discharges and those associated with spills that are not considered
part of a normal storm water discharge (see 40 CFR 117.12(d)(2)(i)).
C. Unpaved Rural Roads
Part IV of the permit and its conditions are intended to eliminate,
prevent or minimize the discharge of pollutants to waters of the U.S.
from the construction of unpaved roads. EPA believes that the discharge
of storm water runoff from the construction of unpaved roads could be a
significant source of pollutants to waters of the United States.
Therefore, the discharge of storm water from the construction of
unpaved roads greater than five (5) acres is not exempt from the
requirements of 40 CFR 122.26(a)(1)(ii) and (b)(14)(x) under the
Intermodal Surface Transportation Efficiency Act of 1991. This action
is in accordance with section 402(p)(2)(E) of the Clean Water Act
(1987, as amended). If five (5) acres equals 217,800 ft\2\ and area
equals length times width, then the approximate length of road equal to
five (5) acres would be 217,800 ft\2\ divided by the road width. For
example, assuming a road construction area width of 25 feet, five (5)
acres of road would be approximately 1.65 miles.
The principle component of the Part IV requirements for facilities
in the State of Florida is consistency with the requirements set forth
in State Water Policy (Chapter 62-40, FAC), the applicable storm water
or environmental resource permitting requirements of the FDEP or
appropriate FWMD, and the guidelines contained in the Florida
Development Manual: A Guide to Sound Land and Water Management (FDEP,
1988) and any subsequent amendments. All relevant portions of the
pollution prevention plan requirements of Part V of the permit shall be
applied to discharges of storm water from unpaved roads.
D. Storm Water Pollution Prevention Plan Requirements
The pollution prevention plans required by today's permit focuses
on two major tasks: (1) Providing a site description that identifies
sources of pollution to storm water discharges
[[Page 15630]]
associated with industrial activity from the facility and (2)
identifying and implementing appropriate measures to reduce pollutants
in storm water discharges to ensure compliance with the terms and
conditions of this permit.
In developing this permit, the Agency reviewed a significant number
of existing State and local sediment and erosion control and storm
water management requirements. State and local data were reviewed for a
wide range of climates and varying types of construction activities.
1. Contents of the Plan
Storm water pollution prevention plans must include a site
description; a description of controls that will be used at the site
(e.g., erosion and sediment controls, storm water management measures);
a description of maintenance and inspection procedures; and a
description of pollution prevention measures for any non-storm water
discharges that exist.
a. Site Description. Storm water pollution prevention plans must be
based on an accurate understanding of the pollution potential of the
site. The first part of the plan requires an evaluation of the sources
of pollution at a specific construction site. The plan must identify
potential sources of pollution that may reasonably be expected to
affect the quality of storm water discharges from the construction
site. In addition, the source identification components for pollution
prevention plans must provide a description of the site and the
construction activities. This information is intended to provide a
better understanding of site runoff and major pollutant sources. At a
minimum, plans must include the following:
A description of the nature of the construction activity.
This would typically include a description of the ultimate use of the
project (e.g., low-density residential, shopping mall, highway).
A description of the intended sequence of major activities
that disturb soils for major portions of the site (e.g., grubbing,
excavation, grading).
Estimates of the total area of the site and the total area
of the site that is expected to be disturbed by excavation, grading, or
other activities. Where the construction activity is to be staged, it
may be appropriate to describe areas of the site that will be disturbed
at different stages of the construction process.
Estimates of the runoff coefficient of the site after
construction activities are completed as well as existing data
describing the quality of any discharge from the site or the soil. The
runoff coefficient is defined as the fraction of total rainfall that
will appear at the conveyance as runoff. Runoff coefficients can be
estimated from site plan maps, which provide estimates of the area of
impervious structures planned for the site and estimates of areas where
vegetation will be precluded or incorporated. Runoff coefficients are
one tool for evaluating the volume of runoff that will occur from a
site when construction is completed. These coefficients assist in
evaluating pollutant loadings, potential hydraulic impacts to receiving
waters, and flooding impacts. They are also used for sizing of post-
construction storm water management measures.
A site map indicating drainage patterns and approximate
slopes anticipated after major grading activities, areas of soil
disturbance; an outline of areas that will not be disturbed; the
location of major structural and nonstructural controls identified in
the plan; the location of areas where stabilization practices are
expected to occur; the location of surface waters (including wetlands);
and locations where storm water is discharged to a surface water. Site
maps should also include other major features and potential pollutant
sources, such as the location of impervious structures and the location
of soil piles during the construction process.
The name of the receiving water(s), and areal extent of
wetland acreage at the site.
b. Controls to Reduce Pollutants. The storm water pollution
prevention plan must describe and ensure the implementation of
practices that will be used to reduce the pollutants in storm water
discharges from the site and assure compliance with the terms and
conditions of the permit. Permittees are required to develop a
description of four classes of controls appropriate for inclusion in
the facility's plan, and implement controls identified in the plan in
accordance with the plan. The description of controls must address (1)
erosion and sediment controls, (2) storm water management, (3) a
specified set of other controls, and (4) any applicable procedures and
requirements of State and local sediment and erosion plans or storm
water management plans.
The pollution prevention plan must clearly describe the intended
sequence of major activities and when, in relation to the construction
process, the control will be implemented. Good site planning and
preservation of mature vegetation are primary control techniques for
controlling sediment in storm water discharges during construction
activities as well as for developing a strategy for storm water
management that controls pollutants in storm water discharges after the
completion of construction activities. Properly staging major earth
disturbing activities can also dramatically decrease the costs of
sediment and erosion controls. The description of the intended sequence
of major activities will typically describe the intended staging of
activities on different parts of the site.
Permittees must develop and implement four classes of controls in
the pollution prevention plan, each of which is discussed below.
i. Erosion and Sediment Controls. The requirements for erosion and
sediment controls for construction activities in this permit have three
goals: (1) To divert upslope water around disturbed areas of the site;
(2) to limit the exposure of disturbed areas to the shortest duration
possible; and (3) to remove sediment from storm water before it leaves
the site. Erosion and sediment controls include both stabilization
practices and structural practices.
Stabilization Practices. Pollution prevention plans must include a
description of interim and permanent stabilization practices, including
site-specific scheduling of the implementation of the practices. The
plans should ensure that existing vegetation is preserved where
attainable and that disturbed portions of the site are stabilized as
quickly as possible. Stabilization practices are the first line of
defense for preventing erosion; they include temporary seeding,
permanent seeding, mulching, geotextiles, sod stabilization, vegetative
buffer strips, protection of trees, preservation of mature vegetative
buffer strips, and other appropriate measures. Temporary stabilization
practices are often cited as the single most important factor in
reducing erosion at construction sites.15
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\15\ ``New York Guidelines for Urban Erosion and Sediment
Control'', USDA, Soil Conservation Service, March 1988.
---------------------------------------------------------------------------
Stabilization also involves preserving and protecting selected
trees that were on the site prior to development. Mature trees have
extensive canopy and root systems, which help to hold soil in place.
Shade trees also keep soil from drying rapidly and becoming susceptible
to erosion. Measures taken to protect trees can vary significantly,
from simple measures such as installing tree fencing around the drip
line and installing tree armoring, to more complex measures such as
building retaining walls and tree wells.
[[Page 15631]]
Since stabilization practices play such an important role in
preventing erosion, it is critical that they are rapidly employed in
appropriate areas. This permit provides that, except in three
situations, stabilization measures be initiated on disturbed areas as
soon as practicable, but no more than 14 days after construction
activity on a particular portion of the site has temporarily or
permanently ceased. The three exceptions to this requirement are the
following:
Where construction activities will resume on a portion of
the site within 21 days from when the construction activities ceased.
Where the initiation of stabilization measures is
precluded by snow cover, in which case, stabilization measures must be
initiated as soon as practicable.
Structural Practices. The pollution prevention plan must include a
description of structural practices to the degree economically
attainable, to divert flows from exposed soils, store flows, or
otherwise limit runoff and the discharge of pollutants from exposed
areas of the site. Structural controls are necessary because vegetative
controls cannot be employed at areas of the site that are continually
disturbed and because a finite time period is required before
vegetative practices are fully effective. Options for such controls
include silt fences, earth dikes, drainage swales, check dams,
subsurface drains, pipe slope drains, level spreaders, storm drain
inlet protection, rock outlet protection, sediment traps, rock outlet
protection, reinforced soil retaining systems, gabions, and temporary
or permanent sediment basins. Structural measures should be placed on
upland soils to the degree possible.
For sites with more than 10 disturbed acres at one time that are
served by a common drainage location, a temporary or permanent sediment
basin providing 3,600 cubic feet of storage per acre drained, or
equivalent control measures (such as suitably sized dry wells or
infiltration structures), must be provided where economically
attainable until final stabilization of the site has been accomplished.
Flows from offsite areas and flows from onsite areas that are either
undisturbed or have undergone final stabilization may be diverted
around both the sediment basin and the disturbed area. The requirement
to provide 3,600 cubic feet of storage area per acre drained does not
apply to such diverted flows.
For the drainage locations which serve more than 10 disturbed acres
at one time and where a sediment basin providing storage or equivalent
controls for 3,600 cubic feet per acre drained is not economically
attainable, smaller sediment basins or sediment traps should be used.
At a minimum, silt fences, or equivalent sediment controls are required
for all sideslope and downslope boundaries of the construction area.
Diversion structures should be used on upland boundaries of disturbed
areas to prevent runon from entering disturbed areas.
For drainage locations serving 10 or less acres, smaller sediment
basins or sediment traps should be used and at a minimum, silt fences,
or equivalent sediment controls are required for all sideslope and
downslope boundaries of the construction area. Alternatively, the
permittee may provide a sediment basin providing storage for 3,600
cubic feet of storage per acre drained. Diversion structures should be
used on upland boundaries of disturbed areas to prevent runon from
entering disturbed areas.
ii. Storm Water Management. The plan must include a description of
``storm water management'' measures.16 This permit addresses
only the installation of storm water management measures and not the
ultimate operation and maintenance of such structures after the
construction activities have been completed and the site has undergone
final stabilization. Permittees are responsible only for the
installation and maintenance of storm water management measures prior
to final stabilization of the site and are not responsible for
maintenance after storm water discharges associated with construction
activities have been eliminated from the site. However, this does not
release a facility from responsibilities to operate and maintain storm
water management systems in perpetuity after final stabilization in
accordance with the requirements set forth by local environmental
permitting actions such as the State of Florida storm water or
environmental resource permit issued for the site.
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\16\ For the purpose of the special requirements for
construction activities, the term ``storm water management''
measures refers to controls that will primarily reduce the discharge
of pollutants in storm water from sites after completion of
construction activities.
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Land development can significantly increase storm water discharge
volumes and peak velocities where appropriate storm water management
measures are not implemented. In addition, storm water discharges will
typically contain higher levels of pollutants, including total
suspended solids (TSS), heavy metals, nutrients, and oxygen demanding
constituents.17
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\17\ See ``Nationwide Urban Runoff Program'', EPA, 1984.
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Storm water management measures that are installed during the
construction process can control the volume of storm water discharged
and peak discharge velocities, as well as reduce the amount of
pollutants discharged after the construction operations have been
completed. Reductions in peak discharge velocities and volumes can also
reduce pollutant loads, as well as reduce physical impacts such as
stream bank erosion and stream bed scour. Storm water management
measures that mitigate changes to predevelopment runoff characteristics
assist in protecting and maintaining the physical and biological
characteristics of receiving streams and wetlands.
Structural measures should be placed on upland soils to the degree
attainable. The installation of such devices may be subject to section
404 of the CWA if the devices are placed in wetlands (or other waters
of the United States).
Options for storm water management measures that are to be
evaluated in the development of plans include infiltration of runoff on
site; flow attenuation by use of open vegetated swales and natural
depressions; storm water retention structures and storm water detention
structures (including wet ponds); and sequential systems that combine
several practices.
The pollution prevention plan must include an explanation of the
technical basis used to select the practices to control pollution where
flows exceed predevelopment levels. The explanation of the technical
basis for selecting practices should address how a number of factors
were evaluated, including the pollutant removal efficiencies of the
measures, the costs of the measure, site specific factors that will
affect the application of the measures, the economic achievability of
the measure at a particular site, and other relevant factors.
EPA anticipates that storm water management measures at many sites
will be able to provide for the removal of at least 80 percent of total
suspended solids (TSS).18 A number of storm water management
measures can be used to achieve this level of control, including
properly designed and installed wet ponds, infiltration trenches,
infiltration basins, sand filter system, manmade storm water wetlands,
and multiple pond systems. The pollutant removal efficiencies of
various storm water management measures can be estimated
[[Page 15632]]
from a number of sources, including ``Storm Water Management for
Construction Activities: Developing Pollution Prevention Plans and Best
Management Practices,'' U.S. EPA, 1992, and ``A Current Assessment of
Urban Best Management Practice,'' prepared for U.S. EPA by Metropolitan
Washington Council of Governments, March 1992. Proper selection of a
technology depends on site factors and other conditions.
---------------------------------------------------------------------------
\18\ TSS can be used as an indicator parameter to characterize
the control of other pollutants, including heavy metals, oxygen
demanding pollutants, and nutrients, commonly found in storm water
discharges.
---------------------------------------------------------------------------
In selecting storm water management measures, the permittee should
consider the impacts of each method on other water resources, such as
ground water. Although storm water pollution prevention plans primarily
focus on storm water management, EPA encourages facilities to avoid
creating ground water pollution problems. For example, if the water
table is unusually high in an area or soils are especially sandy and
porous, an infiltration pond may contaminate a ground water source
unless special preventive measures are taken. Under EPA's July 1991
Ground Water Protection Strategy, States are encouraged to develop
Comprehensive State Ground Water Protection Programs (CSGWPP). Efforts
to control storm water should be compatible with State ground water
objectives as reflected in CSGWPPs.
The evaluation of whether the pollutant loadings and the hydrologic
conditions (the volume of discharge) of flows exceed predevelopment
levels can be based on hydrologic models which consider conditions such
as the natural vegetation which is typical for the area.
Increased discharge velocities can greatly accelerate erosion near
the outlet of onsite structural measures. To mitigate these effects,
this permit requires that velocity dissipation devices be placed at
discharge locations and along the length of any outfall channel as
necessary to provide a non-erosive velocity flow from the structure to
a water course. Velocity dissipation devices maintain and protect the
natural physical and biological characteristics and functions of the
watercourse, e.g., hydrologic conditions, such as the hydroperiod and
hydrodynamics, that were present prior to the initiation of
construction activities.
iii. Other Controls. Other controls to be addressed in storm water
pollution prevention plans for construction activities require that no
non-storm water solid materials, including building material wastes
shall be discharged at the site, except as authorized by a Section 404
permit.
This final permit requires that offsite vehicle tracking of
sediments and the generation of dust be minimized. This can be
accomplished by measures such as providing gravel or paving at access
entrance and exit drives, parking areas, and unpaved roads on the site
carrying significant amounts of traffic (e.g., more than 25 vehicles
per day); providing entrance wash racks or stations for trucks; and/or
providing street sweeping.
In addition, this permit requires that the plan shall ensure and
demonstrate compliance with applicable State and/or local sanitary
sewer, septic system, and waste disposal regulations.19
---------------------------------------------------------------------------
\19\ In rural and suburban areas that are served by septic
systems, malfunctioning septic systems can contribute pollutants to
storm water discharges. Malfunctioning septic tanks may be a more
significant surface runoff pollution problem than a ground water
problem. This is because a malfunctioning septic system is less
likely to cause ground water contamination where a bacterial mat in
the soil retards the downward movement of wastewater. Surface
malfunctions are caused by clogged or impermeable soils, or when
stopped up or collapsed pipes force untreated wastewater to the
surface. Surface malfunctions can vary in degree from occasional
damp patches on the surface to constant pooling or runoff of
wastewater. These discharges have high bacteria, nitrate, and
nutrient levels and can contain a variety of household chemicals.
This permit does not establish new criteria for septic systems, but
rather addresses existing State or local criteria.
---------------------------------------------------------------------------
iv. State and Local Controls. Many municipalities and States have
developed sediment and erosion control requirements for construction
activities. A significant number of municipalities and States have also
developed storm water management controls. This general permit requires
that storm water pollution prevention plans for facilities that
discharge storm water associated with industrial activity from
construction activities include procedures and requirements of State
and local sediment and erosion control plans or storm water management
plans. Permittees are required to provide a certification that their
storm water pollution prevention plan reflects requirements related to
protecting water resources that are specified in State or local
sediment and erosion plans or storm water management
plans.20 In addition, permittees are required to amend their
storm water pollution prevention plans to reflect any change in a
sediment and erosion site plan or site permit or storm water management
site plan or site permit approved by State or local officials for which
the permittee receives written notice. Where such amendments are made,
the permittee must provide a recertification that the storm water
pollution prevention plan has been modified. This provision does not
apply to provisions of master plans, comprehensive plans,
nonenforceable guidelines, or technical guidance documents, but rather
to site-specific State or local permits or plans.
---------------------------------------------------------------------------
\20\ Operators of storm water discharges from construction
activities which, based on an evaluation of site specific
conditions, believe that State and local plans do not adequately
represent BAT and BCT requirements for the facility may request to
be excluded from the coverage of the general permit by submitting to
the Director an individual application with a detailed explanation
of the reasons supporting the request, including any supporting
documentation showing that certain permit conditions are not
appropriate.
---------------------------------------------------------------------------
c. Maintenance. Erosion and sediment controls can become
ineffective if they are damaged or not properly maintained. Maintenance
of controls has been identified as a major part of effective erosion
and sediment programs. Plans must contain a description of prompt and
timely maintenance and repair procedures addressing all erosion and
sediment control measures (e.g., sediment basins, traps, silt fences),
vegetation, and other measures identified in the site plan to ensure
that such measures are kept in good and effective operating condition.
d. Inspections. Procedures in a plan must provide that specified
areas on the site are inspected by qualified personnel provided by the
discharger a minimum of once every seven calendar days and within 24
hours after any storm event of greater than 0.25 inches. Areas of the
site that must be observed during such inspections include disturbed
areas, areas used for storage of materials that are exposed to
precipitation, structural control measures, and locations where
vehicles enter or exit the site. Where sites have been temporarily or
finally stabilized, the inspection must be conducted at least once
every month.
Disturbed areas and areas used for storage of materials that are
exposed to precipitation must be inspected for evidence of, or the
potential for, pollutants entering the runoff from the site. Erosion
and sediment control measures identified in the plan must be observed
to ensure that they are operating correctly. Observations can be made
during wet or dry weather conditions. Where discharge locations or
points are accessible, they must be inspected to ascertain whether
erosion control measures are effective in preventing significant
impacts to receiving waters. This can be done by inspecting receiving
waters to see whether any signs of erosion or sediment are associated
with the discharge location. Locations where vehicles enter or exit the
site must be inspected for evidence of offsite sediment tracking.
Based on the results of the inspection, the site description and
the pollution prevention measures identified in the plan must be
revised as soon as possible after an inspection that reveals
[[Page 15633]]
inadequacies. The inspection and plan review process must provide for
timely implementation of any changes to the plan within 7 calendar days
following the inspection.
An inspection report that summarizes the scope of the inspection,
name(s) and qualifications of personnel conducting the inspection, the
dates of the inspection, major observations relating to the
implementation of the storm water pollution prevention plan, and
actions taken must be retained as part of the storm water pollution
prevention plan for at least three years after the date of inspection.
The report must be signed in accordance with the signatory requirements
in the Standard Conditions section of this permit.
Diligent inspections are necessary to ensure adequate
implementation of onsite sediment and erosion controls, particularly in
the later stages of construction when the volume of runoff is greatest
and the storage capacity of the sediment basins has been
reduced.21
---------------------------------------------------------------------------
\21\ ``Performance of Current Sediment Control Measures at
Maryland Construction Sites'', January 1990, Metropolitan Washington
Council of Governments.
---------------------------------------------------------------------------
e. Non-Storm Water Discharges. The final issued permit may
authorize storm water discharges from construction activities that are
mixed with discharges from firefighting activities, fire hydrant
flushings, waters used to wash vehicles or control dust in accordance
with efforts to minimize offsite sediment tracking, potable water
sources including waterline flushings, irrigation drainage from
watering vegetation, routine exterior building washdown that does not
use detergents, pavement washwaters 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, air conditioning
condensate, springs, and foundation or footing drains where flows are
not contaminated with process materials such as solvents, provided the
non-storm water component of the discharge is specifically identified
in the pollution prevention plan. In addition, the plan must identify
and ensure the implementation of appropriate pollution prevention
measures for each of the non-storm water component(s) of the
discharge.22
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\22\ This is consistent with the allowable types of non-storm
water discharges to municipal separate storm sewer systems (40 CFR
122.26(d)(2)(iv)(A)).
---------------------------------------------------------------------------
EPA believes that where these classes of non-storm water discharges
are identified in a pollution prevention plan and where appropriate
pollution prevention measures are evaluated, identified, and
implemented, they generally pose low risks to the environment. The
Agency also notes that it can request individual permit applications
for such discharges where appropriate. The Agency is not requiring that
flows from fire-fighting activities be identified in plans because of
the emergency nature of such discharges coupled with their low
probability and the unpredictability of their occurrence.
2. Deadlines for Plan Preparation and Compliance
The final issued permit will establish the following deadlines for
storm water pollution prevention plan development and compliance:
The plan must be completed prior to the submittal of an
NOI to be covered under this permit and updated as appropriate.
For construction activities that have begun on or before
the effective date of this permit, except the plan shall provide for
compliance with the terms and schedule of the plan beginning on the
effective date of this permit.
For construction activities that have begun after the
effective date of this permit, the plan must provide for compliance
with the terms and schedule of the plan beginning with the initiation
of construction activities.
3. Signature and Plan Review
Signature and plan review requirements are as follows:
The plan must be signed by all permittees for a site in
accordance with the signatory requirements in the Standard Permit
Conditions section of the permit, and must be retained on site at the
facility that generates the storm water discharge.
The permittee must make plans available, upon request, to
EPA, and State or local agency approved sediment and erosion plans,
grading plans, or storm water management plans. In the case of a storm
water discharge associated with industrial activity that discharges
through a municipal separate storm sewer system with an NPDES permit,
permittees must make plans available to the municipal operator of the
system upon request.
EPA may notify the permittee at any time that the plan
does not meet one or more of the minimum requirements. Within 7 days of
such notification from EPA (or as otherwise requested by EPA), the
permittee must make the required changes to the plan and submit to EPA
a written certification that the requested changes have been made.
4. Keeping Plans Current
The permittee must amend the plan whenever there is a change in
design, construction, operation, or maintenance, that has a significant
effect on the potential for the discharge of pollutants to waters of
the United States or to municipal separate storm sewer systems. The
plan must also be amended if it proves to be ineffective in eliminating
or significantly minimizing pollutants in the storm water discharges
from the construction activity. In addition, the plan shall be amended
to identify any new contractor and/or subcontractor that will implement
a measure of the storm water pollution prevention plan. Amendments to
the plan will be reviewed by EPA as described above.
5. Additional Requirements
This permit authorizes a storm water discharge associated with
industrial activity from a construction site that is mixed with a storm
water discharge from an industrial source other than construction, only
under the following conditions:
The industrial source other than construction is located
on the same site as the construction activity; and
Storm water discharges from where the construction
activities are occurring are in compliance with the terms of this
permit.
6. Contractors
The storm water pollution prevention plan must clearly identify for
each measure identified in the plan, the contractor(s) and/or
subcontractor(s) that will implement the measure. All contractors and
subcontractors identified in the plan must sign a copy of the
certification statement presented below before conducting any
professional service at the site identified in the pollution prevention
plan:
``I certify under penalty of law that I understand the terms and
conditions of the general National Pollutant Discharge Elimination
System (NPDES) permit that authorizes the storm water discharges
associated with industrial activity from the construction site
identified as part of this certification.''
All certifications must be included in the storm water pollution
prevention plan.
E. Retention of Records
The permittee is required to retain records or copies of all
reports required by this permit, including storm water pollution
prevention plans and records of all data used to complete the NOI to be
covered by the permit, for a period of at least three years from the
date of
[[Page 15634]]
final stabilization. This period may be extended by request of the
Director.
F. Notice of Termination
A discharger may submit a Notice of Termination (NOT) to EPA in two
sets of circumstances: (1) After a site has undergone final
stabilization and the facility no longer discharges storm water
associated with industrial activity from a construction site and (2)
when the permittee has transferred operational control to another
permittee and is no longer an operator for the site. NOTs must be
submitted using the form provided by the Director (or a photocopy
thereof). A copy of the NOT form is in Appendix B and can be
photocopied for use. NOTs will assist EPA in tracking the status of the
discharger.
Today's permit define final stabilization for the purpose of
submitting an NOT as occurring when all soil disturbing activities are
completed and a uniform perennial vegetative cover with a density of 70
percent for the unpaved areas and areas not covered by permanent
structures has been established or equivalent stabilization measures
have been employed. Equivalent stabilization measures include permanent
measures other than establishing vegetation, such as the use of rip-
rap, gabions, and/or geotextiles.
A copy of the NOT, and instructions for completing the NOT, are
provided in Appendix B of today's document. The NOT form requires the
following information:
The mailing address of the construction site for which the
notification is submitted. Where a mailing address for the site is not
available, the location of the approximate center of the site must be
described in terms of the latitude and longitude to the nearest 15
seconds, or the section, township, and range to the nearest quarter.
The site owner's name, address, and telephone number.
The name, address, and telephone number of the operator
addressed by the NOT, and operator status as a Federal, State, private,
public, or other entity.
The NPDES permit for the storm water discharge identified
by the NOT.
The following certification:
``I certify under penalty of law that disturbed soils at the
identified facility have been finally stabilized and temporary
erosion and sediment control measures have been removed or will be
removed at an appropriate time, or that all storm water discharges
associated with construction activities from the identified site
that are authorized by an NPDES general permit have been eliminated
or that I am no longer the operator of the construction activity. I
understand that by submitting this notice of termination, that I am
no longer authorized to discharge storm water by the general permit,
and that discharging pollutants in storm water associated with
industrial activity to waters of the United States is unlawful under
the Clean Water Act where the discharge is not authorized by a NPDES
permit.''
Notices of Termination are to be sent to the following address:
Storm Water Notice of Termination (4203), 401 M Street, S.W.,
Washington, DC 20460.
The NOT must be signed by the appropriate individual in accordance
with the signatory requirements of 40 CFR 122.22. A description of
these signatory requirements is provided in the instructions
accompanying the NOT (see Appendix B).
Submittal of a NOT, by itself, does not relieve permittees from the
obligations of the permit, such as the requirement to stabilize the
site. Appropriate enforcement actions may still be taken for permit
violations where a permittee submits a NOT but the permittee has not
transferred operational control to another permittee or the site has
not undergone final stabilization.
G. Regional Offices
Notices of Intent to be authorized to discharge under this permit
should be sent to: Storm Water Notice of Intent (4203), 401 M Street,
SW., Washington, DC 20460.
Other submittals of information required under this permit or
individual permit applications should be sent to the appropriate EPA
Regional Office: United States EPA, Region IV, Water Management
Division, (SWPFB-15), Surface Water Permits Section, 100 Alabama
Street, S.W., Atlanta, GA 30303-3104, Contact: Floyd Wellborn, (404)
562-9296.
H. Special Conditions in Specified States
Section 401 of the CWA provides that no Federal license or permit,
including NPDES permits, to conduct any activity that may result in any
discharge into navigable waters shall be granted until the State in
which the discharge originates certifies that the discharge will comply
with the applicable provisions of sections 301, 302, 303, 306, and 307
of the CWA.
VII. Cost Estimates
The two major costs associated with pollution prevention plans for
construction activities include the costs of sediment and erosion
controls (see Table 1) and the costs of storm water management measures
(see Table 2). Today's permit provide flexibility in developing
controls for construction activities. Typically, most construction
sites will employ several types of sediment and erosion controls and
storm water management controls, but not all the controls listed in
Tables 1 and 2. In general, sites that disturb a large area will incur
higher pollution prevention costs.
Table 1.--Sediment and Erosion Control Costs
------------------------------------------------------------------------
------------------------------------------------------------------------
Temporary seeding............ $1.00 per square foot.
Permanent seeding............ 1.00 per square foot.
Mulching..................... 1.25 per square foot.
Sod stabilization............ 4.00 per square foot.
Vegetative buffer strips..... 1.00 per square foot.
Protection of trees.......... 30.00 to $200.00 per tree set.
Earth dikes.................. 5.50 per linear foot.
Silt fences.................. 6.00 per linear foot.
Drainage swales-grass........ 3.00 per square yard.
Drainage swales-sod.......... 4.00 per square yard.
Drainage swales-asphalt...... 35.00 per square yard.
Drainage swales-concrete..... 65.00 per square yard.
Check dams-rock.............. 100 per dam.
Check dams-covered straw 50 per dam.
bales.
Level spreader-earthen....... 4.00 per square yard.
Level spreader-concrete...... 65.00 per square yard.
Subsurface drain............. 2.25 per linear foot.
[[Page 15635]]
Pipe slope drain............. 5.00 per linear foot.
Temporary storm drain variable.
diversion.
Storm drain inlet protection. 300 per inlet.
Rock outlet protection....... 45 per square yard.
Sediment traps............... 500 to $7,000 per trap.
Temporary sediment basins.... 5,000 to $50,000 per basin.
Sump pit..................... 500 to $7,000.
Entrance stabilization....... 1,500 to $5,000 per entrance.
Entrance wash rack........... 2,000 per rack.
Temporary waterway crossing.. 500 to $1,500.
Wind breaks.................. 2.50 per linear foot.
------------------------------------------------------------------------
Practices such as sod stabilization and tree protection increase
property values and satisfy consumer aesthetic needs.
Sources: ``Means Site Work Cost Data,'' 9th edition, 1990, R.S. Means
Company. ``Sediment and Erosion Control, An Inventory of Current
Practices,'' prepared by Kamber Engineering for U.S. EPA, April 1990.
Table 2.--Annualized Costs of Several Storm Water Management Options for
Construction Sites
------------------------------------------------------------------------
Annualized Annualized
cost for 9- cost for 20-
Option acre developed acre developed
area area
------------------------------------------------------------------------
Wet Ponds............................... $5,872 $9,820
Dry Ponds............................... 3,240 5,907
Dry Ponds with Extended Detention....... 3,110 5,413
Infiltration Trenches................... 4,134 6,359
------------------------------------------------------------------------
Estimates based on methodology presented in ``Cost of Urban Runoff
Quality Controls,'' Wiegand, C., Schueler, T., Chittenden, W., and
Jellick, D., Urban Runoff Quality-Impact and Quality Enhancement
Technology, Proceedings of an Engineering Foundation Conference, ASCE,
1986, edited by B. Urbonas and L.A. Roesner.
Costs are presented in 1992 dollars and were reviewed by the Office
of Management and Budget during the previous issuance of this permit,
September 25, 1992. Annualized costs are based on a 10 year period and
10 percent discount rate. Estimates include a contingency cost of 25
percent of the construction cost and operation and maintenance costs of
5 percent of the construction cost. Land costs are not included.
VIII. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under UMRA section 202, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, UMRA section 205 generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of UMRA section 205
do not apply when they are inconsistent with applicable law. Moreover,
UMRA section 205 allows EPA to adopt an alternative other than the
least costly, most cost-effective or least burdensome alternative if
the Administrator publishes an explanation with the final rule why the
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, it must have developed under UMRA section 203 a small
government agency plan. The plan must provide for notifying potentially
affected small governments, enabling officials of affected small
governments to have meaningful and timely input in the development of
EPA regulatory proposals with significant Federal intergovernmental
mandates, and informing, educating and advising small governments on
compliance with the regulatory requirements.
A. UMRA Section 202 and the Construction General Permit
UMRA section 202 requires a written statement containing certain
assessments, estimates and analyses prior to the promulgation of
certain general notices of proposed rulemaking (2 U.S.C. 1532). UMRA
section 421(10) defines ``rule'' based on the definition of rule in the
Regulatory Flexibility Act. Section 601 of the Regulatory Flexibility
Act defines ``rule'' to mean any rule for which an agency publishes a
general notice of proposed rulemaking pursuant to section 553 of the
Administrative Procedure Act. EPA does not propose to issue NPDES
general permits based on APA section 553. Instead, EPA relies on
publication of general permits in the Federal Register in order to
provide ``an opportunity for a hearing'' under CWA section 402(a), 33
U.S.C. 1342(a). Nonetheless, EPA has evaluated permitting alternatives
for regulation of storm water discharges associated with construction
activity. The general permit that EPA proposes to re-issue would be
virtually the same NPDES general permit for construction that many
construction operators have used over the past five years. Furthermore,
general permits provide a more cost and time efficient alternative for
the regulated community to obtain NPDES permit coverage than that
provided through individually drafted permits.
B. UMRA Section 203 and the Construction General Permit
Agencies are required to prepare small government agency plans
under UMRA section 203 prior to establishing any regulatory requirement
that might significantly or uniquely affect small governments.
``Regulatory requirements'' might, for example, include the
requirements of this NPDES general permit for discharges associated
with construction activity, especially if
[[Page 15636]]
a municipality sought coverage under one of the general permit. EPA
envisions that some municipalities--those with municipal separate storm
sewer systems serving a population over 100,000--may elect to seek
coverage under this general permit. For many municipalities, however, a
permit application is not required until August 7, 2001, for a storm
water discharge associated with construction activity where the
construction site is owned or operated by a municipality with a
population of less than 100,000. (See 40 CFR 122.26(e)(1)(ii)&(g)).
In any event, any such permit requirements would not significantly
affect small governments because most State laws already provide for
the control of sedimentation and erosion in a similar manner as today's
general permit. Permit requirements also would not uniquely affect
small governments because compliance with the permit's conditions
affects small governments in the same manner as any other entity
seeking coverage under the permit. Thus, UMRA section 203 would not
apply.
IX. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
in this final general permit under the Paperwork Reduction Act of 1980,
44 U.S.C. 3501 et seq. EPA did not prepare an Information Collection
Request (ICR) document for today's permit because the information
collection requirements in this permit have already been approved by
the Office of Management and Budget (OMB) in submissions made for the
NPDES permit program under the provisions of the Clean Water Act.
X. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, U.S.C. 601 et. seq., EPA is
required to prepare a Regulatory Flexibility Analysis to assess the
impact of rules on small entities. No Regulatory Flexibility Analysis
is required, however, where the head of the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
Today's permit provides small entities with an application option
that is less burdensome than individual applications or participating
in a group application. The other requirements have been designed to
minimize significant economic impacts of the rule on small entities and
does not have a significant impact on industry. In addition, the permit
reduces significant administrative burdens on regulated sources.
Accordingly, I hereby certify pursuant to the provisions of the
Regulatory Flexibility Act, that this permit will not have a
significant impact on a substantial number of small entities.
XI. Responses to Comments
The following is a summary of the issues identified by EPA that
were raised regarding the general permit for storm water from
construction activities and EPA's response to those issues.
Comments were submitted wanting language added to the permit to
require applicants to conduct a cultural resource assessment to
determine if permitted activities will impact areas which have been
previously undisturbed other than by agriculture. EPA believes that it
would not be feasible to review all applications for an assessment due
to the volume of applicants and the short time requirement, prior to
construction, that a facility must submit a Notice of Intent (NOI) to
receive coverage under the general permit. Under the previous permit,
there were 2844 NOIs submitted and the permit only requires an NOI to
be submitted two (2) days prior to construction beginning. However; EPA
maintains a database tracking system of all NOI submittals. Copies of
this database are available upon request. One could then screen the
database based on the location of the facility in relation to an area
of concern. The permit only allows coverage under the general permit
for facilities which do not affect property that is listed or proposed
to be listed in the National Historic Register. Should screening of the
database identify a facility that is not eligible for coverage under
the general permit in accordance with Part I.B.3.g., EPA would require
the facility to apply for an individual permit.
Comments were submitted requesting that the requirements for
utility companies to apply for general permit coverage be taken out of
Parts I.B.3. and II.B of the permit. The references to utility
companies have been deleted from Part I.B.3. in today's permit.
Although utility companies in Region 4 will not be required to obtain
coverage under the above referenced permit by virtue of the fact that
they are a utility company, it should be noted that if the utility
company has day to day operational control of the construction site.
They would be required to submit an NOI under the provisions of Part
II.B.2.
One Indian tribe submitted comments requesting deletion of the
requirement for facilities to obtain a Florida Department of
Environmental Protection (FDEP) or a Florida Water Management District
(FWMD) permit (see Part II.A.2.). Since the tribes are not under the
jurisdiction of either the FDEP nor the FWMD, this provision is not
applicable. Today's permit exempts facilities on Indian country lands
from that permit requirement.
One commenter requested the name, number and address of the
Historic Preservation Officer for the State of Florida. The name,
address and phone number of the State Historic Preservation Officer
(SHPO) for the State of Florida is the Director, Division of Historical
Resources, Florida Department of State, R. A. Gray Building, 500 South
Bronough Street, Tallahassee, FL 32399-0250, 850/487-2333.
One commenter suggested that EPA's requirement to consider impacts
to threatened resources is overly broad and ambiguous. The commenter
expressed a concern over being responsible for an entire watershed. A
facility discharging to a watershed with many contributors of pollution
would not be solely responsible for impacts downstream from the
discharge point where the other sources have contributed to the impact.
However, the facility would be held responsible for their particular
contribution to a downstream impact. In the case of the Endangered
Species Act, the permit does specifically limit the consideration of
impact on species to the immediate area or vicinity of the discharge
authorized by the permit and the Best Management Practices (BMPs)
required by the permit (see Appendix C, step 2). The flexibility of
``immediate area or vicinity'' is intentional. Any more specific
definition of the area of effects would be inappropriate due to the
variation and complexity of conditions (e.g. size, slope, soil, etc.)
from site to site. This language is intended to encourage coordination
with local resource protection agencies and not to provide a cutoff
distance beyond which a facility is absolved from responsibility. In
the case of the National Historic Preservation Act, the language
reflects the Act itself. EPA believes that an addition to this language
in this case would compromise the intent of NHPA consultation
requirements of the permit.
One commenter said that EPA, Region 4, has created a burden since
they are issuing a separate permit from HQ therefore requiring a single
company with multiple facilities in different states to potentially
keep up with many different permits. A concern was also expressed
regarding burdens on facilities which potentially adversely affect
protected resources since consultants will have to be hired and
potential changes to industrial processes
[[Page 15637]]
will have to be made. As in the previous national permit, different
requirements for facilities in different states will be incorporated in
a reissued national permit due to the Clean Water Act section 401
certification of the permit by each state. Therefore, consolidation of
the Region 4 permit into the national permit will not eliminate the
differences in permit requirements on a state by state basis. The
requirements to consult on the potential adverse effects on protected
resources comes from the ESA and the NHPA requirement for consistency
with the Acts in all federal actions, such as a permit. The NPDES
permit simply makes the permittee aware that the NPDES permit cannot
and does not authorize or require an activity that would violate the
ESA or the NHPA. A facility adversely affecting a protected resource
would only be ineligible for coverage under the general permit. An
individual permit would still be an option and the specific
requirements would have to be determined at that time.
XII. Section 401 Certification
Certification of the proposed permit was requested from the State
of Florida by letter dated June 23, 1997. The Florida Department of
Environmental Protection (FDEP) issued certification of the proposed
permit with conditions via a letter dated August 18, 1997.
Certification of the proposed permit was requested from the Miccosukee
Tribe of Indians of Florida by letter dated June 23, 1997.
Certification of the proposed permit is deemed waived in accordance
with the provisions of 40 CFR 124.53(c). Certification of the proposed
permit was requested from the Seminole Tribe of Florida by letter dated
June 23, 1997. The Seminole Tribe of Florida provided certification of
the proposed permit via a letter dated December 18, 1997.
XIII. Official Signatures
Accordingly, I hereby certify pursuant to the provisions of the
Regulatory Flexibility Act, that this permit will not have a
significant impact on a substantial number of small entities.
Authority: Clean Water Act, 33 USC 1251 et seq.
Dated: February 17, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Appendix A
From the effective date of this permit, applicants are to use
the existing Notice of Intent form (EPA 3510-9, published in the
March 6, 1998 Federal Register, 63 FR 11253) referenced in this
Addendum to obtain permit coverage. According to the provisions in
Part II.B. of this permit, applicants are reminded that they are
certifying that they meet all eligibility requirements of Part I.B.
of this permit and are informing the Director of their intent to be
covered by, and comply with, those terms and conditions. These
conditions include certifications that the applicant's storm water
discharges and storm water-related discharge activities will not
adversely affect listed endangered or threatened species, their
critical habitat, or places either listed or eligible for listing on
the National Register of Historic Places.
Appendix B
From the effective date of this permit, permittees are to use
the existing Notice of Termination form (EPA Form 3510-7) contained
in this Addendum until they are instructed by the Director (EPA) to
use a revised version. Permittees are to complete, sign and submit
the form in accordance with Part VII.G of the permit when
terminating permit coverage at a construction project when one or
more of the conditions contained in Part IX have been met.
Appendix C--Endangered Species Guidance
I. Instructions
A list of species that EPA has determined may be affected by the
activities covered by the construction general permit will be
included in the final issued permit. These species will be listed by
county. In order to get construction general permit coverage,
applicants must:
Indicate in box provided on the NOI whether any species
listed in this Appendix are in proximity to the facility, and
Certify pursuant to Section I.B.3.e. of the
construction general permit that their storm water discharges, and
BMPs constructed to control storm water runoff, are not likely, and
will not be likely to adversely affect species identified in
Addendum H of this permit.
To do this, please follow steps 1 through 4 below.
Step 1: Review the County Species List Below To Determine if Any
Species Are Located in the Discharging Facility County
If the facility is within one (1) mile of the county line, a
review of the bordering county's list must be made as well to
determine the presence of species. If no species are listed in a
facility's county, or adjacent county as mentioned in the previous
sentence, or if a facility's county is not found on the list, an
applicant is eligible for construction general permit coverage and
may indicate in the NOI that no species are found in proximity and
provide the necessary certification. If species are located in the
county, or in the adjacent county as mentioned above, follow step 2
below. Where a facility is located in more than one county, the
lists for all counties should be reviewed.
Step 2: Determine if Any Species May Be Found ``In Proximity'' to the
Facility
A species is in proximity to a facility's storm water discharge
when the species is:
Located in the path or immediate area through which or
over which contaminated point source storm water flows from
industrial activities to the point of discharge into the receiving
water.
Located in the immediate vicinity of, or nearby, the
point of discharge into receiving waters.
Located in the area of a site where storm water BMPs
are planned or are to be constructed.
The area in proximity to be searched/surveyed for listed species
will vary with the size of the facility, the nature and quantity of
the storm water discharges, and the type of receiving waters. Given
the number of facilities potentially covered by the construction
general permit, no specific method to determine whether species are
in proximity is required for permit coverage under the construction
general permit. Instead, applicants should use the method or methods
which best allow them to determine to the best of their knowledge
whether species are in proximity to their particular facility. These
methods may include:
Conducting visual inspections: This method may be
particularly suitable for facilities that are smaller in size,
facilities located in non-natural settings such as highly urbanized
areas or industrial parks where there is little or no nature
habitat; and facilities that discharge directly into municipal storm
water collection systems. For other facilities, a visual survey of
the facility site and storm water drainage areas may be insufficient
to determine whether species are likely to be located in proximity
to the discharge.
Contacting the nearest State Wildlife Agency or U.S.
Fish and Wildlife Service (FWS) or National Marine Fisheries Service
(NMFS) offices. Many endangered and threatened species are found in
well-defined areas or habitats. That information is frequently known
to state or federal wildlife agencies. FWS has offices in every
state. NMFS has regional offices in: Gloucester, Massachusetts; St.
Petersburg, Florida; Long Beach, California; Portland, Oregon; and
Juneau, Alaska.
Contacting local/regional conservation groups. These
groups inventory species and their locations and maintain lists of
sightings and habitats.
Conducting a formal biological survey. Larger
facilities with extensive storm water discharges may choose to
conduct biological surveys as the most effective way to assess
whether species are located in proximity and whether there are
likely adverse effects.
If no species are in proximity, an applicant is eligible for
construction general permit coverage and may indicate that in the
NOI and provide the necessary certification. If listed species are
found in proximity to a facility, applicants must follow step 3
below.
Step 3: Determine if Species Could Be Adversely Affected by the
Facility's Storm Water Discharges or by BMPS To Control Those
Discharges
Scope of Adverse Effects: Potential adverse effects from storm
water include:
Hydrological. Storm water may cause siltation,
sedimentation or induce other changes in the receiving waters such
as temperature, salinity or pH. These effects will vary with the
amount of storm water discharged and the volume and condition of the
receiving water. Where a storm water discharge constitutes a minute
portion of the
[[Page 15638]]
total volume of the receiving water, adverse hydrological effects
are less likely.
Habitat. Storm water may drain or inundate listed
species habitat.
Toxicity. In some cases, pollutants in storm water may
have toxic effects on listed species.
The scope of effects to consider will vary with each site.
Applicants must also consider the likelihood of adverse effects on
species from any BMPs to control storm water. Most adverse impacts
from BMPs are likely to occur from the construction activities.
Using earlier ESA authorizations for construction general permit
eligibility: In some cases, a facility may be eligible for
construction general permit coverage because actual or potential
adverse affects were addressed or discounted through an earlier ESA
authorization. Examples of such authorization include:
An earlier ESA section 7 consultation for that
facility.
A section 10(a) permit issued for the facility.
An area-wide Habitat Conservation Plan applicable to
that facility.
A clearance letter from the Services (which discounts
the possibility of an adverse impacts from the facility).
In order for applicants to use an earlier ESA authorization to
meet eligibility requirements: (1) The authorization must adequately
address impacts for storm water discharges and BMPs from the
facility on endangered and threatened species, (2) it must be
current because there have been no subsequent changes in facility
operations or circumstances which might impact species in ways not
considered in the earlier authorization, and (3) the applicant must
comply with any requirements from those authorizations to avoid or
mitigate adverse effects to species. Applicants who wish to pursue
this approach should carefully review documentation for those
authorizations ensure that the above conditions are met.
If adverse effects are not likely, an applicant is eligible for
construction general permit coverage and may indicate in the NOI
that species are found in proximity and provide the necessary
certification. If adverse effects are likely, follow step 4 below.
Step 4: Determine if Measures Can Be Implemented To Avoid Any Adverse
Effects
If an applicant determines that adverse effects are likely, it
can receive coverage if appropriate measures are undertaken to avoid
or eliminate any actual or potential adverse affects prior to
applying for permit coverage. These measures may involve relatively
simple changes to facility operations such as re-routing a storm
water discharge to bypass an area where species are located.
At this stage, applicants may wish to contact the FWS and/or
NMFS to see what appropriate measures might be suitable to avoid or
eliminate adverse impacts to species.
If applicants adopt these measures, they must continue to abide
by them during the course of permit coverage.
If appropriate measures are not available, the applicant is not
eligible at that time for coverage under the construction general
permit. Applicants should contact the appropriate EPA regional
office about either:
Entering into Section 7 consultation in order to obtain
construction general permit coverage, or
Obtaining an individual NPDES storm water permit.
Federally Listed Threatened and Endangered Species and Candidates for
Federal Listing
------------------------------------------------------------------------
Scientific name Common name Status
------------------------------------------------------------------------
ALABAMA
Escambia County
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Pseudemys alabamensis...... Turtle, Alabama E
redbelly.
Birds:
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
FLORIDA
Alachua County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Crustaceans:
Palaemonetes cummingi...... Shrimp, Squirrel T
Chimney Cave (or
Florida Cave).
Baker County
Mammals:
Myotis grisescens.......... Bat, Gray............. E
Ursus americanus floridanus Bear, Florida Black... C
Birds:
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Bay County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta caretta.... Loggerhead turtle..... T
Chelonia mydas mydas....... Green turtle.......... E
Dermochelys coriacea....... Leatherback turtle.... E
Drymarchon corais couperi.. Eastern indigo snake.. T
[[Page 15639]]
Eretmochelys imbricata..... Hawksbill turtle...... E
Lepidochelys kempi......... Atlantic ridley....... E
Birds:
Charadrius melodus......... Piping plover......... T
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Peromyscus polionotus Choctawhatchee beach E
allophrys (critical mouse.
habitat in this County).
Peromyscus polionotus St. Andrew beach mouse C
peninsularis.
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Euphorbia telephioides..... Telephus spurge....... T
Macbridea alba............. White birds-in-a-nest. T
Paronychia chartacea....... Papery whitlow-wort... T
Pinguicula ionantha........ Godfrey's (violet) T
butterwort.
Bradford County
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Brevard County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Peromyscus polionotus Mouse, Southeastern T
niveiventris. Beach.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Charadrius melodus......... Plover, Piping........ T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Nerodia clarkii (=fasciata) Snake, Atlantic Salt T
taeniata. Marsh.
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Eretmochelys imbricata..... Turtle, Hawksbill Sea. E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Plants:
Warea carteri.............. Carter's Mustard...... E
Dicerandra cornutissima.... Mint, Longspurred..... E
Broward County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Birds:
Ammodramus maritima........ Cape Sable seaside E
sparrow.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Dendroica kirtlandii....... Kirtland's warbler.... E
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Rostrhamus sociabilis Everglade snail kite.. E/CH
plumbeus.
Sterna dougallii........... Roseate tern.......... T
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion........ T(S/A)
Felis concolor coryi....... Florida panther....... E
[[Page 15640]]
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Arecaceae
Jacquemontia reclinata..... Beach jacquemontia.... E
Calhoun County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Ursus americanus floridanus Florida black bear.... C
Plants:
Spigelia gentianoides...... Gentian pinkroot...... E
Charlotte County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Birds:
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Trichechus manatus West Indian manatee... E/CH
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Anonaceae
Deeringothamnus Beautiful pawpaw...... E
pulchellus.
Family Convolvulaceae
Bonamia grandiflora.... Florida bonamia....... T
Citrus County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Rostrhamus sociabilis Kite, Everglade Snail. E/CH
plumbeus.
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Dermochelys coriacea....... Turtle, Leatherback... E
Caretta caretta............ Turtle, Loggerhead Sea T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Plants:
Verbena tampensis.......... Vervain, Tampa........ C
Clay County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
[[Page 15641]]
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Fish:
Acipenser brevirostrum..... Sturgeon, Shortnose... E
Plants:
Rhododendron chapmanii..... Rhododendron, E
Chapman's.
Collier County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Crocodylus acutus.......... American crocodile.... E
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Birds:
Ammodramus maritima........ Cape Sable seaside E/CH
sparrow.
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Rostrhamus sociabilis Everglade snail kite.. E
plumbeus.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Trichechus manatus West Indian manatee... E/CH
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Apiaceae:
Eryngium cuneifolium... Snakeroot............. E
Columbia County:
Mammals:
Ursus americanus floridanus Florida black bear.... C
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Dade County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Crocodylus acutus.......... American crocodile.... E/CH
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Birds:
Ammodramus maritima........ Cape Sable seaside E/CH
sparrow.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Dendroica kirtlandii....... Kirtland's warbler.... E
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Rostrhamus sociabilis Everglade snail kite.. E/CH
plumbeus.
Sterna dougallii........... Roseate tern.......... T
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
[[Page 15642]]
Eumops glaucinus floridanus Florida Mastiff bat... C
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Trichechus manatus West Indian manatee... E/CH
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Convolvulaceae
Jacquemontia reclinata. Beach jacquemontia.... E
Family Euphorbiaceae
Euphorbia deltoidea Deltoid spurge........ E
var. deltoidea.
Euphorbia garberi...... Garber's spurge....... T
Family Fabaceae
Amorpha crenulata...... Crenulate lead plant.. E
Galactia smallii....... Small's milkpea....... E
Family Polygalaceae
Polygala smallii....... Tiny polygala......... E
Desoto County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Ammodramus savannarum Florida grasshopper E
floridanus. sparrow.
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Trichechus manatus West Indian manatee... E/CH
latirostrus.
Ursus americanus floridanus Florida black bear.... C
Dixie County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Duval County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Charadrius melodus......... Plover, Piping........ T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Eretmochelys imbricata..... Turtle, Hawksbill Sea. E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Fish:
Acipenser brevirostrum..... Sturgeon, Shortnose... E
Escambia County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
[[Page 15643]]
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta caretta.... Loggerhead turtle..... T
Chelonia mydas mydas....... Green turtle.......... E
Dermochelys coriacea....... Leatherback turtle.... E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill turtle...... E
Lepidochelys kempi......... Atlantic ridley....... E
Birds:
Charadrius melodus......... Piping plover......... T
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Peromyscus polionotus Perdido Key beach E/CH
trissyllepsis. mouse.
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Flagler County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Birds:
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Eretmochelys imbricata..... Turtle, Hawksbill Sea. E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Franklin County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta caretta.... Loggerhead turtle..... T
Chelonia mydas mydas....... Green turtle.......... E
Dermochelys coriacea....... Leatherback turtle.... E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill turtle...... E
Lepidochelys kempi......... Atlantic ridley....... E
Birds:
Charadrius melodus......... Piping plover......... T
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Euphorbia telephioides..... Telephus spurge....... T
Harperocallis flava........ Harper's beauty....... E
Macbridea alba............. White birds-in-a-nest. T
Pinguicula ionantha........ Godfrey's (violet) T
butterwort.
Scutellaria floridana...... Florida skullcap...... T
Gadsden County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
[[Page 15644]]
Mammals:
Ursus americanus floridanus Florida black bear.... C
Plants
Rhododendron chapmanii..... Chapman's rhododendron E
Schwalbea americana........ American chaffseed.... E
Silene polypetala.......... Fringed campion....... E
Spigelia gentianoides...... Gentian pinkroot...... E
Torreya taxifolia.......... Florida torreya....... E
Gilchrist County
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Glades County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Ammodramus savannarum Florida grasshopper E
floridanus. sparrow.
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Rostrhamus sociabilis Everglade snail kite.. E/CH
plumbeus.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Arecaceae
Cucurbita okeechobeensis Okeechobee gourd...... E
ssp. okeechobeensis.
Gulf County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta caretta.... Loggerhead turtle..... T
Chelonia mydas mydas....... Green turtle.......... E
Dermochelys coriacea....... Leatherback turtle.... E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill turtle...... E
Lepidochelys kempi......... Atlantic ridley....... E
Birds:
Charadrius melodus......... Piping plover......... T
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Peromyscus polionotus St. Andrew beach mouse C
peninsularis.
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Euphorbia telephioides..... Telephus spurge....... T
Macbridea alba............. White birds-in-a-nest. T
Pinguicula ionantha........ Godfrey's (violet) T
butterwort.
Rhododendron chapmanii..... Chapman's rhododendron E
Scutellaria floridana...... Florida skullcap...... T
Hamilton County
Mammals;
Ursus americanus floridanus Florida black bear.... C
Birds:
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
[[Page 15645]]
Hardee County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Convolvulaceae
Bonamia grandiflora.... Florida bonamia....... T
Family Rosaceae
Prunus geniculata...... Scrub plum............ E
Hendry County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Rostrhamus sociabilis Everglade snail kite.. E/CH
plumbeus.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Hernando County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Plants:
Nolina brittoniana......... Beargrass, Britton's.. E
Campanula robinsiae........ Bellflower, E
Brooksville.
Justicia cooleyi........... Water-willow, Cooley's E
Highlands County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Eumeces egregius lividus... Blue-tailed mole skink T
Neoseps reynoldsi.......... Sand skink............ T
Birds:
Ammodramus savannarum Florida grasshopper E
floridanus. sparrow.
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Haliaeetus leucocephalus... Bald eagle............ T
[[Page 15646]]
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Ursus americanus Florida black bear.... C
floridanus.
Plants:
Family Agavaceae
Nolina brittoniana..... Britton's beargrass... E
Family Apiaceae
Eryngium cuneifolium... Snakeroot............. E
Family Asteraceae
Chrysopsis floridana... Florida golden aster.. E
Liatris ohlingerae..... Scrub blazing star.... E
Family Brassicaceae
Warea carteri.......... Carter's mustard...... E
Family Caryophyllaceae
Paronychia chartacea... Papery whitlow-wort... T
Family Convolvulaceae
Bonamia grandiflora.... Florida bonamia....... T
Family Fabaceae
Clitoria fragrans...... Pigeon wing........... T
Crotalaria avonensis... Avon Park harebells... E
Family Hypericaceae
Hypericum cumulicola... Highlands scrub E
hypericum.
Family Lamiaceae
Conradina brevifolia... Short-leaved rosemary. E
Dicerandra frutescens.. Scrub mint............ E
Dicerandra christmanii. Garrett's mint........ E
Family Oleaceae
Chionanthus pygmaeus... Pygmy fringetree...... E
Family Polygalacea
Polygala lewtonii...... Lewton's polygala..... E
Family Polygonaceae
Eriogonum longifolium Scrub buckwheat....... T
var. gnaphalifolium.
Polygonella basiramia.. Wireweed.............. E
Polygonella myriophylla Sandlace.............. E
Family Rhamnaceae
Ziziphus celata........ Florida ziziphus...... E
Family Rosaceae
Prunus geniculata...... Scrub plum............ E
Cladonia perforata..... Florida perforate E
cladonia (Deer moss).
Hillsborough County
Mammals:
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... E
Charadrius melodus......... Plover, Piping........ E
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Dermochelys coriacea....... Turtle, Leatherback... E
Caretta caretta............ Turtle, Loggerhead Sea T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Plants:
Chrysopsis floridana = Aster, Florida Golden. E
Heterotheca.
Holmes County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Mycteria americana......... Wood stork............ E
[[Page 15647]]
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Myotis grisescens.......... Gray bat.............. E
Ursus americanus floridanus Florida black bear.... C
Indian River County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Nerodia fasciata taeniata.. Atlantic salt marsh T
snake.
Birds:
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Dendroica kirtlandii....... Kirtland's warbler.... E
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Rostrhamus sociabilis Everglade snail kite.. E/CH
plumbeus.
Sterna dougalli dougalli... Roseate tern.......... T
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Peromyscus polionotus Southeastern beach T
niveiventris. mouse.
Trichechus manatus West Indian manatee... E/CH
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Cactaceae
Cereus eriophorus var. Fragrant wool-bearing E
fragrans. cereus.
Family Lamiaceae
Dicerandra immaculata.. Lakela's mint......... E
Jackson County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Myotis grisescens.......... Gray bat.............. E
Myotis sodalis............. Indiana bat........... E
Plants:
Silene polypetala.......... Fringed campion....... E
Spigelia gentianoides...... Gentian pinkroot...... E
Torreya taxifolia.......... Florida torreya....... E
Jefferson County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta caretta.... Loggerhead turtle..... T
Chelonia mydas mydas....... Green turtle.......... E
Dermochelys coriacea....... Leatherback turtle.... E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill turtle...... E
Lepidochelys kempi......... Atlantic ridley....... E
Birds:
Charadrius melodus......... Piping plover......... T
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Trichechus manatus West Indian manatee... E
latirostris.
[[Page 15648]]
Ursus americanus floridanus Florida black bear.... C
Plants:
Ribes echinellum........... Miccosukee gooseberry. T
Layfayette County
Birds:
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Lake County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Rostrhamus sociabilis Kite, Everglade Snail. E
plumbeus.
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Neoseps reynoldsi.......... Skink, Sand........... T
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Plants:
Nolina brittoniana......... Beargrass, Britton's.. E
Bonamia grandiflora........ Bonamia, Florida...... T
Chionanthus pygmaeus....... Fringetree, Pygmy..... E
Prunus geniculata.......... Plum, Scrub........... E
Polygala lewtonii.......... Polygala, Lewton's.... E
Warea amplexifolia......... Warea, Wide-leaf...... E
Paronychia chartacea = Whitlow-wort, Papery.. T
Nyachia pulvinata.
Eriogonum longifolium var. Wild Buckwheat, Scrub. T
g. = Eriogonum floridanum.
Clitoria fragrans.......... Wings, Pigeon......... T
Lee County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Crocodylus acutus.......... American crocodile.... E
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Birds:
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested E
plancus audubonii. caracara.
Rostrhamus sociabilis Everglade snail kite.. E
plumbeus.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Trichechus manatus West Indian manatee... E/CH
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Anonaceae
Deeringothamnus pulchellus. Beautiful pawpaw...... E
Leon County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
[[Page 15649]]
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Myotis grisescens.......... Gray bat.............. E
Ursus americanus floridanus Florida black bear.... C
Plants:
Schwalbea americana........ American chaffseed.... E
Levy County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Trichechus manatus Manatee, West Indian.. ECH
latirostris.
Microtus pennsylvanicus Vole, Florida Salt E
dukecampbelli. Marsh.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Liberty County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Ursus americanus floridanus Florida black bear.... C
Plants:
Conradina glabra........... Apalachicola rosemary. E
Harperocallis flava........ Harper's beauty....... E
Macbridea alba............. White birds-in-a-nest. T
Pinguicula ionantha........ Godfrey's (violet) T
butterwort.
Rhododendron chapmanii..... Chapman's rhododendron E
Scutellaria floridana...... Florida skullcap...... T
Spigelia gentianoides...... Gentian pinkroot...... E
Torreya taxifolia.......... Florida torreya....... E
Madison County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Birds:
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Manatee County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Trichechus manatus Manatee, West Indian.. E/CH
lotirostris.
Birds:
Polyborus plancu audubonii. Caracara, Audubon's T
Crested.
Haliaeetus leucocephalus... Eagle, Bald........... T
Charadrius melodus......... Plover, Piping........ T
Aphelocoma coerulescens.... Scub-jay, Florida..... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
[[Page 15650]]
Caretta carretta........... Turtle, Loggerhead Sea T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Marion County
Mammals:
Ursus americanus floridanus Bear, Florida Black... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Rostrhamus sociabilis Kite, Everglade Snail. E
plumbeus.
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Neoseps reynoldsi.......... Skink, Sand........... T
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Plants:
Bonamia grandiflora........ Bonamia, Florida...... T
Dicerandra cornutissima.... Mint, Longspurred..... E
Polygala lewtonii.......... Polygala, Lewton's.... E
Eriogonum longifolium var. Wild Buckwheat, Scrub. T
g. = Eriogonum floridanum.
Martin County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Birds:
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Dendroica kirtlandii....... Kirtland's warbler.... E
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Rostrhamus sociabilis Everglade snail kite.. E
plumbeus.
Sterna dougalli dougalli... Roseate tern.......... T
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Trichechus manatus West Indian manatee... E/CH
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Anonaceae
Asimina tetramera...... Four-petal pawpaw..... E
Family Cladoniaceae
Cladonia perforata..... Florida perforate E
cladonia.
Family Convolvulaceae
Jacquemontia reclinata. Beach jacquemontia.... E
Monroe County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Crocodylus acutus.......... American crocodile.... E/CH
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Nerodia fasciata taeniata.. Atlantic salt marsh T
snake.
Birds:
Ammodramus maritima........ Cape Sable seaside E/CH
sparrow.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Dendroica kirtlandii....... Kirtland's warbler.... E
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
[[Page 15651]]
Rostrhamus sociabilis Everglade snail kite.. E
plumbeus.
Sterna dougallii........... Roseate tern.......... T
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Neotoma floridana smalli... Key Largo woodrat..... E
Odocoileus virginianus Key deer.............. E
clavium.
Oryzomys argentatus........ Silver rice rat....... E/CH
Peromyscus gossypinus Key Largo cotton mouse E
allapaticola.
Sylvilagus palustris Lower keys marsh E
hefneri. rabbit.
Trichechus manatus West Indian manatee... E/CH
latirostris.
Ursus americanus floridanus Florida black bear.... C
Invertebrates:
Orthalicus reses........... Stock Island tree T
snail.
Heraclides (=Papilio) Schaus swallowtail E
aristodemus ponceanus. butterfly.
Plants:
Family Cactaceae
Pilosocereus robinii....... Key tree-cactus....... E
Family Euphorbiaceae
Euphorbia garberi.......... Garber's spurge....... T
Nassau County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Eretmochelys imbricata..... Turtle, Hawksbill Sea. E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Okaloosa County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Etheostoma okaloosae....... Okaloosa darter....... E
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta caretta.... Loggerhead turtle..... T
Chelonia mydas mydas....... Green turtle.......... E
Dermochelys coriacea....... Leatherback turtle.... E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill turtle...... E
Lepidochelys kempi......... Atlantic ridley....... E
Birds:
Charadrius melodus......... Piping plover......... T
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Cladonia perforata......... Perforate reindeer E
lichen.
Okeechobee County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Ammodramus savannarum Florida grasshopper E
floridanus. sparrow.
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Trichechus manatus West Indian manatee... E
latirostris.
[[Page 15652]]
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Convolvulaceae
Bonamia grandiflora.... Florida bonamia....... T
Family Cucurbitaceae
Cucurbita Okeechobee gourd...... E
okeechobeensis.
Family Polygonaceae
Eriogonum longifolium Scrub buckwheat....... T
var. gnaphalifolium
Orange County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Birds:
Polyborus plancus audubonii Caracara, Audubon's T
Crested.
Haliaeetus leucocephalus... Eagle, Bald........... T
Rostrhamus sociabilis Kite, Everglade Snail. E
plumbeus.
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Neoseps reynoldsi.......... Skink, Sand........... T
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Plants:
Nolina brittoniana......... Bear-grass, Britton's. E
Bonamia grandiflora........ Bonamia, Florida...... T
Lupinus aridorum........... Lupine, Scrub......... E
Deeringothamnus pulchellus. Pawpaw, Beautiful..... E
Polygonella myriophylla.... Sandlace.............. E
Paronychia chartacea = Whitlow-wort, Papery.. T
Nyachia pulvinata.
Eriogonum longifolium var. Wild Buckwheat, Scrub. T
g. = Eriogonum floridanum.
Osceola County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Ammodramus savannarum Florida grasshopper E
floridanus. sparrow.
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Agavaceae
Nolina brittoniana..... Scrub beargrass....... E
Family Convolvulaceae
Bonamia grandiflora.... Florida bonamia....... T
Family Fabaceae
Clitoria fragrans...... Pigeon wing........... T
Family Oleaceae
Chionanthus pygmaeus... Pygmy fringetree...... E
Family Polygalaceae
Polygala lewtonii...... Lewton's polygala..... E
Family Polygonaceae
Eriogonum longifolium Scrub buckwheat....... T
var. gnaphalifolium.
Polygonella myriophylla Sandlace.............. E
Palm Beach County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Nerodia fasciata taeniata.. Atlantic salt marsh T
snake.
Birds:
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
[[Page 15653]]
Charadrius melodus......... Piping plover......... T
Dendroica kirtlandii....... Kirtland's warbler.... E
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Rostrhamus sociabilis Everglade snail kite.. E/CH
plumbeus.
Sterna dougallii........... Roseate tern.......... T
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Felis concolor............. Mountain lion......... T(S/A)
Felis concolor coryi....... Florida panther....... E
Trichechus manatus West Indian manatee... E/CH
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Anonaceae
Asimina tetramera...... Four-petal pawpaw..... E
Family Convolvulaceae
Jacquemontia reclinata. Beach jacquemontia.... E
Family Cucurbitaceae
Cucurbita Okeechobee gourd...... E
okeechobeensis.
Pasco County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Charadrius melodus......... Plover, Piping........ T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Eretmochelys imbricata..... Turtle, Hawksbill Sea. E
Lepidochelys kempii........ Turtle, Kemp's Ridley E
Sea.
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Pinellas County
Mammals:
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Charadrius melodus......... Plover, Piping........ T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Lepidochelys kempii........ Turtle, Kemp's Ridley E
Sea.
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Plants:
Chrysopsis Aster, Florida Golden. E
floridana=Heterotheca
floridana.
Polk County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Eumeces egregius lividus... Blue-tailed mole skink T
Neoseps reynoldsi.......... Sand skink............ T
Birds:
Ammodramus savannarum Florida grasshopper E
floridanus. sparrow.
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
[[Page 15654]]
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Agavaceae
Nolina brittoniana..... Britton's beargrass... E
Family Asteraceae
Liatris ohlingerae..... Scrub blazing star.... E
Family Brassicaceae
Warea amplexifolia..... Clasping warea........ E
Warea carteri.......... Carter's mustard...... E
Family Caryophyllaceae
Paronychia chartacea....... Papery whitlow-wort... T
Family Convolvulaceae
Bonamia grandiflora.... Florida bonamia....... T
Family Fabaceae
Clitoria fragrans...... Pigeon wing........... T
Crotalaria avonensis... Avon Park harebells... E
Lupinus aridorum....... Scrub lupine.......... E
Family Hypericaceae
Hypericum cumulicola... Highlands scrub E
hypericum.
Family Lamiaceae
Conradina brevifolia... Short-leaved rosemary. E
Family Oleaceae
Chionanthus pygmaeus....... Pygmy fringetree...... E
Family Polygalaceae
Polygala lewtonii...... Lewton's polygala..... E
Family Polygonaceae
Eriogonum longifolium Scrub buckwheat....... T
var. gnaphalifolium.
Polygonella basiramia.. Wireweed.............. E
Polygonella myriophylla Sandlace.............. E
Family Rhamnaceae
Ziziphus celata........ Florida ziziphus...... E
Family Rosaceae
Prunus geniculata...... Scrub plum............ E
Cladonia perforata..... Florida perforate E
cladonia (Deer moss).
Putnam County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Plants:
Conradina etonia........... Rosemary, Etonia...... E
Fish:
Acipenser brevirostrum..... Sturgeon, Shortnose... E
Sarasota County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Birds:
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Trichechus manatus West Indian manatee... E/CH
latirostris.
[[Page 15655]]
Ursus americanus floridanus Florida black bear.... C
Santa Rosa County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta caretta.... Loggerhead turtle..... T
Chelonia mydas mydas....... Green turtle.......... E
Dermochelys coriacea....... Leatherback turtle.... E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill turtle...... E
Lepidochelys kempi......... Atlantic ridley....... E
Birds:
Charadrius melodus......... Piping plover......... T
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Seminole County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
St. Johns County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Peromyscus polionotus Mouse, Anastasia E
phasma. Island Beach.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Charadrius melodus......... Plover, Piping........ T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Mycteria americana......... Stork, Wood........... E
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Eretmochelys imbricata..... Turtle, Hawksbill Sea. E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Mycteria americana......... Stork, Wood........... E
St. Lucie County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta............ Loggerhead sea turtle. T
Chelonia mydas............. Green sea turtle...... E
Dermochelys coriacea....... Leatherback sea turtle E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill sea turtle.. E
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Birds:
Aphelocoma coerulescens Florida scrub jay..... T
coerulescens.
Campephilus principalis Ivory-billed E
principalis. woodpecker.
Charadrius melodus......... Piping plover......... T
Dendroica kirtlandii....... Kirtland's warbler.... E
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Polyborus (=Caracara) Audubon's crested T
plancus audubonii. caracara.
Rostrhamus sociabilis Everglade snail kite.. E/CH
plumbeus.
Sterna dougalli dougalli... Roseate tern.......... T
[[Page 15656]]
Vermivora bachmanii........ Bachman's warbler..... E
Mammals:
Peromyscus polionotus Southeastern beach T
niveiventris. mouse.
Trichechus manatus West Indian manatee... E/CH
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Family Anonaceae:
Asimina tetramera...... Four-petal pawpaw..... E
Family Cactaceae:
Cereus eriophorus var. Fragrant prickly-apple E
fragrans.
Family Lamiaceae:
Dicerandra frutescens.. Scrub mint............ E
Dicerandra immaculata.. Lakela's mint......... E
Sumter County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Rostrhamus sociabilis Kite, Everglade Snail. E
plumbeus.
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Suwanee County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Taylor County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian E/
latirostris. CH.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Charadrius melodus......... Plover, Piping........ T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Chelonia mydas............. Turtle, Green Sea..... E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Fish:
Acipenser oxyrhynchus Sturgeon, Gulf........ T
desotoi.
Union County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Birds:
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
Volusia County
Mammals:
Ursus americanus floridanus Florida black bear.... C
Trichechus manatus Manatee, West Indian.. E/CH
latirostris.
Birds:
Haliaeetus leucocephalus... Eagle, Bald........... T
Rostrhamus sociabilis Kite, Everglade Snail. E
plumbeus.
Charadrius melodus......... Plover, Piping........ T
Aphelocoma coerulescens.... Scrub-jay, Florida.... T
Mycteria americana......... Stork, Wood........... E
Picoides borealis.......... Woodpecker, Red- E
cockaded.
Reptiles:
Drymarchon corais couperi.. Snake, Eastern Indigo. T
[[Page 15657]]
Chelonia mydas............. Turtle, Green Sea..... E
Eretmochelys imbricata..... Turtle, Hawksbill Sea. E
Dermochelys coriacea....... Turtle, Leatherback E
Sea.
Caretta caretta............ Turtle, Loggerhead Sea T
Plants:
Deeringothamus rugelii..... Pawpaw, Rugel's....... E
Wakulla County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta caretta.... Loggerhead turtle..... T
Chelonia mydas mydas....... Green turtle.......... E
Dermochelys coriacea....... Leatherback turtle.... E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill turtle...... E
Lepidochelys kempi......... Atlantic ridley....... E
Birds:
Charadrius melodus......... Piping plover......... T
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Walton County
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
Etheostoma okaloosae....... Okaloosa darter....... E
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Caretta caretta caretta.... Loggerhead turtle..... T
Chelonia mydas mydas....... Green turtle.......... E
Dermochelys coriacea....... Leatherback turtle.... E
Drymarchon corais couperi.. Eastern indigo snake.. T
Eretmochelys imbricata..... Hawksbill turtle...... E
Lepidochelys kempi......... Atlantic ridley....... E
Birds:
Charadrius melodus......... Piping plover......... T
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Peromyscus polionotus Choctawhatchee beach E/CH
allophrys. mouse.
Trichechus manatus West Indian manatee... E
latirostris.
Ursus americanus floridanus Florida black bear.... C
Plants:
Thalictrum cooleyi......... Cooley's meadowrue.... E
Washington County
Amphibians and Reptiles:
Alligator mississippiensis. American alligator.... T(S/A)
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Falco peregrinus tundrius.. Arctic peregrine E(S/A)
falcon.
Haliaeetus leucocephalus... Bald eagle............ T
Mycteria americana......... Wood stork............ E
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Myotis grisescens.......... Gray bat.............. E
Ursus americanus floridanus Florida black bear.... C
Plants:
Paronychia chartacea....... Papery whitlow-wort... T
Spigelia gentianoides...... Gentian pinkroot...... E
MISSISSIPPI
Statewide on potential habitat
Potamilus carpax........... Fat pocketbook........ E
Birds:
Haliaeetus leucocephalus... Bald eagle............ T
Fish:
Acipenser oxyrinchus Gulf sturgeon......... T
desotoi.
[[Page 15658]]
Scaphirhynchus albus....... Pallid sturgeon....... E
Plants:
Isoetes louisianensis...... Louisiana quillwort... DE
Attala County
Mammals:
Ursus americanus luteolus.. Louisiana black bear.. T
Jackson County
Birds:
Picoides borealis.......... Red-cockaded E
woodpecker.
Pelecanus occidentalis..... Brown Pelican......... E
Grus canadensis pulla...... Mississippi sandhill E
crane.
Charadrius melodus......... Piping plover......... T
Reptiles:
Drymarchon corais couperi.. Eastern indigo snake.. T
Gopherus polyphemus........ Gopher tortoise....... T
Graptemys flavimaculata.... Yellow-blotched map T
turtle.
Caretta caretta............ Loggerhead turtle..... T
Lepidochelys kempii........ Kemp's (=Atlantic) E
ridley sea turtle.
Mammals:
Ursus americanus luteolus.. Louisiana black bear.. T
Jones County
Reptiles:
Gopherus polyphemus........ Gopher tortoise....... T
Graptemys flavimaculata.... Yellow-blotched map T
turtle.
Drymarchon corais couperi.. Eastern indigo snake.. T
Birds:
Picoides borealis.......... Red-cockaded E
woodpecker.
Mammals:
Ursus americanus luteolus.. Louisiana black bear.. T
Leake County
Mammals:
Ursus americanus luteolus.. Louisiana black bear.. T
Reptiles:
Graptemys oculifera........ Ringed map turtle..... T
Neshobo County
Mammals:
Ursus americanus luteolus.. Louisiana black bear.. T
Reptiles:
Graptemys oculifera........ Ringed map turtle..... T
Newton County
Mammals:
Ursus americanus luteolus.. Louisiana black bear.. T
Winston County
Birds:
Picoides borealis.......... Red-cockaded E
woodpecker.
NORTH CAROLINA
Graham County
Mammals:
Glaucomys sabrinus Carolina nothern E
coloratus. flying squirrel.
Plants:
Spiraea virginiana......... Virginia spiraea...... T
Gymnoderma lineare......... Rock gnome lichen..... E
Mollusk:
Alasmidonta raveneliana.... Appalachian elktoe.... E
Jackson County
Birds:
Falco peregrinus........... Peregrine falcon...... E
Mammals:
Glaucomys sabrinus Carolina nothern E
coloratus. flying squirrel.
Myotis sodalis............. Indiana bat........... E
Plants:
Helonias bullata........... Swamp pink............ T
Gymnoderma lineare......... Rock gnome lichen..... E
Isotria medeoloides........ Small-whorled pogonia. T
Mollusk:
Alasmidonta raveneliana.... Appalachian elktoe.... E
Swain County
Mammals:
Glaucomys sabrinus Carolina nothern E
coloratus. flying squirrel.
[[Page 15659]]
Myotis sodalis............. Indiana bat........... E
Felis concolor couguar..... Eastern cougar........ E
Plants:
Gymnoderma lineare......... Rock gnome lichen..... E
Fish:
Cyprinella monacha......... Spotfin chub.......... T
Mollusk:
Mesodon clarki nantahala... Noonday snail......... T
Pegias fabula.............. Little-wing E
pearlymussel.
Alasmidonta raveneliana.... Appalachian elktoe.... E
Spiders:
Microhexura montivaga...... Spruce-fir moss spider E
------------------------------------------------------------------------
*E=Endangered--T=Threatened--C=Candidate--CH=Critical Habitat--(S/A)=due
to similar appearance.
Final NPDES General Permit for Storm Water Discharges From
Construction Activities
Table of Contents
Part I. Coverage Under This Permit
A. Permit Area
B. Eligibility
C. Authorization
Part II. Notice of Intent Requirements
A. Deadlines for Notification
B. Contents of Notice of Intent
C. Where to Submit
D. Additional Notification
E. Renotification
Part III. Special Conditions
A. Prohibition on non-storm water discharges
B. Releases in excess of Reportable Quantities
Part IV. Unpaved Rural Roads
A. Applicability
B. Construction
C. Notice of Termination
Part V. Storm Water Pollution Prevention Plans
A. Deadlines for Plan Preparation and Compliance
B. Signature and Plan Review
C. Keeping Plans Current
D. Contents of Plan
E. Contractors
Part VI. Retention of Records
Part VII. Standard Permit Conditions
A. Duty to Comply
B. Continuation of the Expired General Permit
C. Need to halt or reduce activity not a defense
D. Duty to Mitigate
E. Duty to Provide Information
F. Other Information
G. Signatory Requirements
H. Penalties for Falsification of Reports
I. Penalties for Falsification of Monitoring Systems
J. Oil and Hazardous Substance Liability
K. Property Rights
L. Severability
M. Transfers
N. Requiring an individual permit or an alternative general
permit
O. State/Environmental Laws
P. Proper Operation and Maintenance
Q. Inspection and Entry
R. Permit Actions
S. Planned Changes
T. Twenty-four Hour Reporting
U. Bypass
Part VIII. Reopener Clause
Part IX. Notice of Termination
A. Contents of the Notice of Termination
B. Where to Submit
C. Additional Notification
Part X. Definitions
Preface
The Clean Water Act (CWA) provides that storm water discharges
associated with industrial activity from a point source (including
discharges through a municipal separate storm sewer system) to waters
of the United States are unlawful, unless authorized by a National
Pollutant Discharge Elimination System (NPDES) permit. The terms
``storm water discharge associated with industrial activity'', ``point
source'' and ``waters of the United States'' are critical to
determining whether a facility is subject to this requirement. Complete
definitions of these terms are found in the definition section (Part X)
of this permit.
Part I. Coverage Under This Permit
A. Permit Area
The permit, except the parts listed below, covers all areas
administered by EPA, Region 4:
All Indian Country Lands within the State of Alabama, except Part IV
and Part V.D.2.a.(1), NPDES Permit No. ALR10*##I
State of Florida, excluding Indian lands, NPDES Permit No. FLR10*###
All Indian Country Lands within the State of Florida, except Part IV
and Part V.D.2.a.(1), NPDES Permit No. FLR10*##I
All Indian Country Lands within the State of Mississippi, except Part
IV and Part V.D.2.a.(1), NPDES Permit No. MSR10*##I
All Indian Country Lands within the State of North Carolina, except
Part IV and Part V.D.2.a.(1), NPDES Permit No. NCR10*##I
B. Eligibility
1. This permit may authorize all discharges identified in the
pollution prevention plan of storm water associated with industrial
activity from construction sites, (those sites or common plans of
development or sale, including unpaved roads, that will result in the
disturbance of five or more acres total land area or less than five
acres if the Director designates the site),\23\ (henceforth referred to
as storm water discharges from construction activities) occurring after
the effective date of this permit (including discharges occurring after
the effective date of this permit where the construction activity was
initiated before the effective date of this permit), except for
discharges identified under paragraph I.B.3.
---------------------------------------------------------------------------
\\23\\ On June 4, 1992, the United State Court of Appeals for
the Ninth Circuit remanded the exemption for construction sites of
less than five acres to the EPA for further rulemaking. (Nos. 90-
70671 and 91-70200). Section 402(p)(2)(E) of the Clean Water Act
shall be used as a bases for any designations.
---------------------------------------------------------------------------
2. This permit may authorize storm water discharges from
construction sites that are mixed with storm water discharges
associated with industrial activity from industrial sources other than
construction, where:
a. the industrial source other than construction is located on the
same site as the construction activity;
b. storm water discharges associated with industrial activity from
the areas of the site where construction activities are occurring are
in compliance with the terms of this permit; and
c. storm water discharges associated with industrial activity from
the areas of the site where industrial activity other than construction
are occurring (including storm water discharges from dedicated asphalt
plants and dedicated concrete plants at the construction site)
[[Page 15660]]
are in compliance with the terms, including applicable NOI or
application requirements, of a different NPDES general permit or
individual permit authorizing such discharges.
3. Limitations on Coverage. The following storm water discharges
from construction sites are not authorized by this permit:
a. storm water discharges associated with industrial activity that
originate from the site after construction activities have been
completed and the site has undergone final stabilization;
b. discharges that are mixed with sources of non-storm water, other
than discharges identified in Part III.A of this permit which are in
compliance with Part V.D.5 (non-storm water discharges) of this permit;
c. storm water discharges associated with construction activity
that are subject to an existing NPDES individual or general permit or
which are issued a permit in accordance with paragraph VII.N (requiring
an individual permit or an alternative general permit) of this permit.
Such discharges may be authorized under this permit after an existing
permit expires, provided the existing permit did not establish numeric
limitations for such discharges;
d. storm water discharges from construction sites that the Director
(EPA) has determined to be or may reasonably be expected to be causing
or contributing to a violation of a water quality standard;
e. storm water discharges from construction sites if the discharges
may adversely affect a listed or proposed to be listed endangered or
threatened species or its critical habitat;
(1) a discharge of storm water associated with construction
activity may be covered under this permit only if the applicant
certifies that they meet at least one of the following criteria.
Failure to continue to meet one of these criteria during the term of
the permit will result in the storm water discharges associated with
construction ineligible for coverage under this permit.
(a) the storm water discharge(s), and the construction and
implementation of Best Management Practices (BMPs) to control storm
water runoff, are not likely to adversely affect species identified in
Appendix C of this permit or critical habitat for a listed species; or
(b) the applicant's activity has received previous authorization
under Section 7 or section 10 of the Endangered Species Act and that
authorization addressed storm water discharges and/or BMPS to control
storm water runoff (e.g., developer included impact of entire project
in consultation over a wetlands dredge and fill permit under Section 7
of the Endangered Species Act); or
(c) the applicant's activity was considered as part of a larger,
more comprehensive assessment of impacts on endangered species under
Section 7 or Section 10 of the Endangered Species Act that which
accounts for storm water discharges and BMPs to control storm water
runoff (e.g., where an area-wide habitat conservation plan and Section
10 permit is issued which addresses impacts from construction
activities including those from storm water, or a National
Environmental Policy Act (NEPA) review is conducted which incorporates
ESA Section 7 procedures); or
(d) consultation under Section 7 of the Endangered Species Act is
conducted for the applicant's activity which results in either a no
jeopardy opinion or a written concurrence on a finding of not likely to
adversely affect; or
(e) the applicant's activity was considered as part of a larger,
more comprehensive site-specific assessment of impacts on endangered
species by the owner or other operator of the site and that permittee
certified eligibility under item (a), (b), (c), or (d) above (e.g.
owner was able to certify no adverse impacts for the project as a whole
under item (a), so the contractor can then certify under item (e)).
(2) All applicants must follow the procedures provided at Appendix
C of this permit when applying for permit coverage.
(3) The applicant must comply with any terms and conditions imposed
under the eligibility requirements of paragraphs (1)(a), (b), (c), (d),
or (e) above to ensure that storm water discharges or BMPs to control
storm water runoff are protective of listed endangered and threatened
species and/or critical habitat. Such terms and conditions must be
incorporated in the applicant's storm water pollution prevention plan.
(4) For the purposes of conducting consultation to meet the
eligibility requirements of paragraph (1)(d) above, applicants are
designated as non-Federal representatives. See 50 CFR 402.08. However,
applicants who choose to conduct consultation as a non-Federal
representative must notify EPA and the appropriate Office of the Fish
and Wildlife Service office in writing of that decision.
(5) This permit does not authorize any ``taking'' (as defined under
Section 9 of the Endangered Species Act) of endangered or threatened
species.
(6) This permit does not authorize any storm water discharges, nor
require any BMPs to control storm water runoff, that are likely to
jeopardize the continued existence of any species that are listed as
endangered or threatened under the Endangered Species Act or result in
the adverse modification or destruction of habitat that is designated
as critical under the Endangered Species Act.
f. discharges of storm water associated with industrial activity
from construction sites not specifically identified in the pollution
prevention plan in accordance with Part V of this permit. Such
discharges not identified in the plan are subject to the upset and
bypass rules in Part VII of this permit.
g. storm water discharges that would affect a property that is
listed or is eligible for listing in the National Historic Register
maintained by the Secretary of Interior may be in violation of the
National Historic Preservation Act. A discharge of storm water
associated with construction activity may be covered under this permit
only if the applicant certifies that either:
(1) the storm water discharge(s), and the construction and
implementation of BMPs to control storm water runoff, do not affect a
property that is listed or is eligible for listing in the National
Historic Register maintained by the Secretary of Interior; or,
(2) the applicant consults with the State Historic Preservation
Officer (SHPO) or the Tribal Historic Preservation Officer (THPO) on
the potential for adverse effects which results in a no effect finding;
or
(3) the applicant has obtained and is in compliance with a written
agreement between the applicant and the SHPO or THPO that outlines all
measures to be undertaken by the applicant to mitigate or prevent
adverse effects to the historic property; or
(4) the applicant agrees to implement and comply with the terms of
a written agreement between another owner/operator (e.g., subdivision
developer, property owner, etc.) and the SHPO or THPO that outlines all
measures to be undertaken by operators on the site to mitigate or
prevent adverse effects to the historic property; or
(5) the applicant's activity was considered as part of a larger,
more comprehensive site-specific assessment of effects on historic
properties by the owner or other operator of the site and that
permittee certified eligibility under item (1), (2), (3), or (4) above.
C. Authorization
1. A discharger must submit a Notice of Intent (NOI) in accordance
with the requirements of Part II of this permit, using an NOI form
provided by the Director (or a photocopy thereof), in
[[Page 15661]]
order for storm water discharges from construction sites to be
authorized to discharge under this general permit.\24\
---------------------------------------------------------------------------
\24\ A copy of the approved NOI form is provided in Appendix A
of this notice.
---------------------------------------------------------------------------
2. Where a new operator is selected after the submittal of an NOI
under Part II, a new NOI must be submitted by the operator in
accordance with Part II, using an NOI form provided by the Director (or
a photocopy thereof).
3. Unless notified by the Director to the contrary, dischargers who
submit an NOI in accordance with the requirements of this permit are
authorized to discharge storm water from construction sites under the
terms and conditions of this permit 2 days after the date that the NOI
is postmarked. The Director may deny coverage under this permit and
require submittal of an application for an individual NPDES permit
based on a review of the NOI or other information (see Part VII.L of
this permit).
Part II. Notice of Intent Requirements
A. Deadlines for Notification.
1. Except as provided in paragraphs II.A.2, II.A.3, II.A.4, and
II.A.5. individuals who intend to obtain coverage under this general
permit for storm water discharges from a construction site (where
disturbances associated with the construction project commence before
the effective date of this permit), including unpaved rural roads,
shall submit a Notice of Intent (NOI) in accordance with the
requirements of this Part within 30 days of the effective date of this
permit;
2. Individuals who intend to obtain coverage under this general
permit for storm water discharges from a construction site, including
unpaved rural roads, where disturbances associated with the
construction project commence after April 3, 1998, shall submit an NOI
in accordance with the requirements of this Part, at least 2 days prior
to the commencement of construction activities (e.g. the initial
disturbance of soils associated with clearing, grading, excavation
activities, or other construction activities). Prior to submitting this
NOI, except for owners of facilities located within Indian country, as
defined in 18 USC 1151, the owner of a storm water management system
must receive a State of Florida storm water or environmental resource
permit from either the Florida Department of Environmental Protection
(FDEP) or a Florida Water Management District (FWMD);
3. For storm water discharges from construction sites, including
unpaved rural roads, where the operator changes (including projects
where an operator is selected after an NOI has been submitted under
Parts II.A.1 or II.A.2), an NOI in accordance with the requirements of
this Part shall be submitted at least 2 days prior to when the operator
commences work at the site; and
4. EPA will accept an NOI in accordance with the requirements of
this Part after the dates provided in Parts II.A.1, 2 or 3 of this
permit. EPA shall, in such instances, use its discretion in initiating
any appropriate enforcement actions.
5. Applicants who have submitted a completed NOI for coverage under
the administratively continued previous general permit, issued
September 25, 1992 (57 FR 44412), or applicants who have submitted a
completed NOI for coverage under the general permit after its
expiration shall automatically receive coverage under today's permit.
If the applicant cannot certify that they meet all applicable
eligibility requirements of Part I.B of today's permit or cannot be
covered by, or comply with, the terms and conditions of this permit,
then the applicant shall notify the Director, in accordance with the
requirements of Part IX of this permit, within 90 days of the effective
date of this permit.
B. Contents of Notice of Intent.
Operators must use EPA's current NOI form [EPA Form 3510-9 which
replaces EPA Form 3510-6] to apply for permit coverage. (Note: the
revised NOI form was published in the March 6, 1998 Federal Register,
63 FR 11253). By completing and signing the current NOI form to obtain
permit coverage, operators are certifying that they meet all applicable
eligibility requirements of Part I.B of today's permit and are
informing the Director of their intent to be covered by, and comply
with, the terms and conditions of this permit. The Notice of Intent
shall be signed in accordance with Part VII.G of this permit by all of
the entities identified in Part II.B.2. The NOI shall include the
following information:
1. The mailing address, and location (including the county) of the
construction site for which the notification is submitted. Where a
mailing address for the site is not available, the location of the
approximate center of the site must be described in terms of the
latitude and longitude to the nearest 15 seconds, or the section,
township and range to the nearest quarter section;
2. The name, address and telephone number of the operator(s) with
day to day operational control that have been identified at the time of
the NOI submittal, and operator status as a Federal, State, private,
public or other entity. Where multiple operators have been selected at
the time of the initial NOI submittal, NOIs must be attached and
submitted in the same envelope. When an additional operator submits an
NOI for a site with a existing NPDES permit, the NOI for the additional
operators must indicate the number for the existing NPDES permit;
3. The location of the first outfall in latitude and longitude to
the nearest 15 seconds and the name of the receiving water(s) into
which that outfall discharges, or if the discharge is through a
municipal separate storm sewer, the name of the municipal operator of
the storm sewer and the ultimate receiving water(s). (All other
outfalls must be listed in the pollution prevention plan as required by
Part V.);
4. The permit number of any NPDES permit(s) for any discharge(s)
(including any storm water discharges or non-storm water discharges)
from the site;
5. An indication of whether the owner or operator has existing
quantitative data which describes the concentration of pollutants in
storm water discharges (existing data should not be included as part of
the NOI); and
6. An estimate of project start date and completion dates,
estimates of the number of acres of the site on which soil will be
disturbed, and a certification that a storm water pollution prevention
plan has been prepared for the site in accordance with Part V of this
permit. (A copy of the plans or permits should not be included with the
NOI submission). For activities located in the State of Florida, the
applicant shall submit a narrative statement certifying that the storm
water pollution prevention plan for the facility provides compliance
with approved State of Florida issued permits, erosion and sediment
control plans and storm water management plans. The applicant shall
also submit a copy of the cover page of the State permit issued by FDEP
or a FWMD to the facility for the storm water discharges associated
with construction activity.
7. A certification that a storm water pollution prevention plan,
including both construction and post-construction controls, has been
prepared for the site in accordance with Part IV of this permit, and
such plan provides compliance with approved State/Tribal and/or local
sediment and erosion plans or permits and/or storm water management
plans or permits in accordance with Part IV.D.2.d of this permit. (A
copy of the plans or permits should not be included with the NOI
[[Page 15662]]
submission). The applicant shall also submit a copy of the cover page
of the State permit issued by FDEP or a FWMD to the facility for the
storm water discharges associated with construction activity.
8. Whether, based on the instructions in Appendix C, any species
identified in Appendix C are in proximity to the storm water discharges
covered by this permit or the BMPs to be used to comply with permit
conditions.
9. Under which section(s) of Part I.B.3.e.(1)(Endangered Species)
and Part I.B.3.f. (Historical Preservation) the applicant is certifying
eligibility.
10. The following certifications shall be signed in accordance with
Part VI.G.
``I certify under penalty of law that I have read and understand
the Part I.B. eligibility requirements for coverage under the
general permit for storm water discharges from construction
activities, including those requirements relating to the protection
of endangered species identified in Appendix C.''
``To the best of my knowledge the discharges covered under this
permit, and the construction and operation of BMPs to control storm
water runoff, are not likely to adversely affect any species
identified in Appendix C of this permit, or are otherwise eligible
for coverage under this permit, in accordance with Part I.B.3.e of
the permit, due to previous authorization under the Endangered
Species Act, or agreement to implement protective measures required
by the Director as a condition of eligibility.''
``I further certify, to the best of my knowledge, that such
discharges, and construction of BMPs to control storm water runoff,
do not have an effect on properties listed or eligible for listing
on the National Register of Historic Places under the National
Historic Preservation Act, or are otherwise eligible for coverage ,
in accordance with Part I.B.3.f. of the permit, due to a previous
agreement under the National Historic Preservation Act.''
``I understand that continued coverage under this storm water
general permit is contingent upon maintaining eligibility as
provided for in Part I.B.''
C. Where to Submit.
1. Facilities which discharge storm water associated with
industrial activity must use an NOI form provided by the Director (or
photocopy thereof). Currently, applicants may use the NOI form
published in the September 29, 1995 Federal Register (60 FR 51265). The
final version of the NOI form proposed in the June 2, 1997 Federal
Register (62 FR 29785) shall be used when published in the Federal
Register. Forms are also available by calling (404)562-9296. NOIs must
be signed in accordance with Part VII.G of this permit. NOIs are to be
submitted to the Director of the NPDES program in care of the following
address: Storm Water Notice of Intent (4203) 401 M Street, S.W.
Washington, DC 20460
2. A copy of the NOI or other indication that storm water
discharges from the site are covered under an NPDES permit, and a brief
description of the project shall be posted at the construction site in
a prominent place for public viewing (such as alongside a building
permit).
D. Additional Notification
Facilities which are operating under approved State or local
sediment and erosion plans, grading plans, or storm water management
plans shall also submit signed copies of the Notice of Intent to the
State or local agency approving such plans in accordance with the
deadlines in Part II.A of this permit (or sooner where required by
State or local rules). Facilities which discharge storm water
associated with construction activities to a municipal separate storm
water system within Broward, Dade, Duval, Escambia, Hillsborough, Lee,
Leon, Manatee, Orange, Palm Beach, Pasco, Pinellas, Polk, Sarasota or
Seminole Counties shall submit a copy of the NOI to the operator of the
municipal separate storm sewer system. Included within these counties,
the Florida Department of Transportation (FDOT), incorporated
municipalities, and Chapter 298 Special Districts shall also be
notified where they own or operate a municipal separate storm sewer
system receiving storm water discharges associated with construction
activity covered by this permit.
E. Permit Renewal
If this general permit is not reissued prior to its expiration
date, all facilities desiring to retain continued coverage shall submit
another NOI form prior to the expiration of this permit. This submittal
shall also satisfy the notification requirement to be covered under the
reissued permit.
Part III. Special Conditions, Management Practices, and Other Non-
Numeric Limitations
A. Prohibition on Non-storm Water Discharges
1. Except as provided in paragraph I.B.2 and III.A.2, all
discharges covered by this permit shall be composed entirely of storm
water.
2. a. Except as provided in paragraph III.A.2.(b), discharges of
material other than storm water must be in compliance with a NPDES
permit (other than this permit) issued for the discharge.
b. The following non-storm water discharges may be authorized by
this permit provided the non-storm water component of the discharge is
in compliance with paragraph V.D.5 and the storm water management
system is designed to accept these discharges and provide treatment of
the non-storm water component sufficient to meet Florida water quality
standards: discharges from fire fighting activities; fire hydrant
flushings; waters used to spray off loose solids from vehicles (waste
waters from a more thorough cleaning, including the use of detergents
or other cleaners is not authorized by this part) or control dust in
accordance with Part V.D.2.c.(2); potable water sources including
waterline flushings; irrigation drainage; routine external building
washdown which does not use detergents; pavement washwaters 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; air conditioning condensate; springs; and foundation or
footing drains where flows are not contaminated with process materials
such as solvents. Discharges resulting from ground water dewatering
activities at construction sites are not covered by this permit.
Applicants in the State of Florida seeking coverage for these
discharges must contact the Florida Department of Environmental
Protection.
B. Releases in Excess of Reportable Quantities.
1. The discharge of hazardous substances or oil in the storm water
discharge(s) from a facility shall be prevented or minimized in
accordance with the applicable storm water pollution prevention plan
for the facility. This permit does not relieve the permittee of the
reporting requirements of 40 CFR part 117 and 40 CFR part 302. Where a
release containing a hazardous substance in an amount equal to or in
excess of a reporting quantity established under either 40 CFR 117 or
40 CFR 302, occurs during a 24 hour period:
a. The permittee is required to notify the National Response Center
(NRC) (800-424-8802 or for Region 4, 404-562-8702) in accordance with
the requirements of 40 CFR 117 and 40 CFR 302 as soon as he or she has
knowledge of the discharge;
b. The permittee shall submit within 14 calendar days of knowledge
of the release a written description of: the release (including the
type and estimate of the amount of material released), the date that
such release occurred, the circumstances leading to the release, and
steps to be taken in accordance with Part III.B.3 of this permit to EPA
Region
[[Page 15663]]
4 Office at the address provided in Part VI.C (addresses) of this
permit; and
c. The storm water pollution prevention plan required under Part V
of this permit must be modified within 14 calendar days of knowledge of
the release to: provide a description of the release, the circumstances
leading to the release, and the date of the release. In addition, the
plan must be reviewed to identify measures to prevent the reoccurrence
of such releases and to respond to such releases, and the plan must be
modified where appropriate.
2. Spills. This permit does not authorize the discharge of
hazardous substances or oil resulting from an on-site spill.
Part IV. Unpaved Rural Roads
A. Applicability
The provisions of this part are applicable to the construction of
roads, except roads constructed and associated with silviculture and
agricultural activities as defined by 40 CFR Part 122, that disturb
five (5) acres or more and will remain unpaved after construction is
complete.
B. Construction
In the State of Florida, construction of unpaved rural roads where
the possibility of a point source discharge to surface waters exists,
must all erosion and sediment controls and storm water management
practices as needed to be consistent with the requirements set forth in
State Water Policy (Chapter 62-40, FAC), the applicable storm water or
environmental resource permitting requirements of the FDEP or
appropriate FWMD, and the guidelines contained in the Florida
Development Manual: A Guide to Sound Land and Water Management (FDEP,
1988) and any subsequent amendments.
C. Notice of Termination
Where a site has been finally stabilized and all storm water
discharges from construction activities that are authorized by this
permit are eliminated (see Part IX.A.5. for the definition of
eliminated), or where the operator of all storm water discharges at a
facility changes, the operator of the facility may submit a Notice of
Termination that is signed in accordance with Part VII.G of this
permit.
Part V. Storm Water Pollution Prevention Plans
A storm water pollution prevention plan shall be developed for each
construction site covered by this permit. Storm water pollution
prevention plans shall be prepared in accordance with good engineering
practices. The plan shall identify potential sources of pollution which
may reasonably be expected to affect the quality of storm water
discharges from the construction site. In addition, the plan shall
describe and ensure the implementation of practices which will be used
to reduce the pollutants in storm water discharges associated with
industrial activity at the construction site and to assure compliance
with the terms and conditions of this permit. Facilities must implement
the provisions of the storm water pollution prevention plan required
under this part as a condition of this permit.
A. Deadlines for Plan Preparation and Compliance
The plan shall:
1. Be completed (including certifications required under Part V.E)
prior to the submittal of an NOI to be covered under this permit and
updated as appropriate;
2. The plan shall provide for compliance with the terms and
schedule of the plan beginning with the initiation of construction
activities.
B. Signature and Plan Review
1. The plan shall be signed in accordance with Part VII.G, and be
retained on-site at the facility which generates the storm water
discharge in accordance with Part V (retention of records) of this
permit.
2. The permittee shall submit plans to the State agency which
issued the storm water or environmental resource permit referenced in
Part II.B.6. and shall make plans available upon request to the
Director; a State or local agency approving sediment and erosion plans,
grading plans, or storm water management plans; or in the case of a
storm water discharge associated with industrial activity which
discharges through a municipal separate storm sewer system with an
NPDES permit, to the municipal operator of the system.
3. The Director may notify the permittee at any time that the plan
does not meet one or more of the minimum requirements of this Part.
Such notification shall identify those provisions of the permit which
are not being met by the plan, and identify which provisions of the
plan requires modifications in order to meet the minimum requirements
of this Part. Within 7 days of such notification from the Director, (or
as otherwise provided by the Director), or authorized representative,
the permittee shall make the required changes to the plan and shall
submit to the Director a written certification that the requested
changes have been made.
C. Keeping Plans Current
The permittee shall amend the plan whenever there is a change in
design, construction, operation, or maintenance, which has a
significant effect on the potential for the discharge of pollutants to
the waters of the United States, including the addition of or change in
location of storm water discharge points, and which has not otherwise
been addressed in the plan or if the storm water pollution prevention
plan proves to be ineffective in eliminating or significantly
minimizing pollutants from sources identified under Part V.D.2 of this
permit, or in otherwise achieving the general objectives of controlling
pollutants in storm water discharges associated with construction
activity. In addition, the plan shall be amended to identify any new
contractor and/or subcontractor that will implement a measure of the
storm water pollution prevention plan (see Part V.E). Amendments to the
plan shall be prepared, dated, and kept as separate documents from the
original plan. The amendments to the plan may be reviewed by EPA in the
same manner as Part V.B above. Amendments to the plan must be submitted
to the State agency which issued the State storm water or environmental
resource permit.
D. Contents of Plan
The storm water pollution prevention plan shall include the
following items:
1. Site Description. Each plan shall provide a description of
pollutant sources and other information as indicated:
a. A description of the nature of the construction activity;
b. A description of the intended sequence of major activities which
disturb soils for major portions of the site (e.g. grubbing,
excavation, grading);
c. Estimates of the total area of the site and the total area of
the site that is expected to be disturbed by excavation, grading, or
other activities;
d. An estimate of the runoff coefficient of the site before, during
and after construction activities are completed using ``C'' from the
Rational Method, and existing data describing the soil or the quality
of any discharge from the site and an estimate of the size of the
drainage area for each outfall;
e. A site map indicating drainage patterns and approximate slopes
anticipated after major grading activities, areas of soil disturbance,
an outline of areas which may not be disturbed, the location of major
structural and nonstructural controls
[[Page 15664]]
identified in the plan, the location of areas where stabilization
practices are expected to occur, surface waters (including wetlands),
and locations where storm water is discharged to a surface water; and,
f. The location in terms of latitude and longitude, to the nearest
15 seconds, of each outfall, the name of the receiving water(s) for
each outfall and the amount of any wetland acreage at the site.
2. Controls. Each plan shall include a description of appropriate
controls and measures that will be implemented at the construction
site. The plan will clearly describe for each major activity identified
in Part V.D.1.b appropriate control measures and the timing during the
construction process that the measures will be implemented. (For
example, perimeter controls for one portion of the site will be
installed after the clearing and grubbing necessary for installation of
the measure, but before the clearing and grubbing for the remaining
portions of the site. Perimeter controls will be actively maintained
until final stabilization of those portions of the site upward of the
perimeter control. Temporary perimeter controls will be removed after
final stabilization). All controls shall be consistent with the
requirements set forth in the State Water Policy of Florida (Chapter
62-40, Florida Administrative Code), the applicable storm water or
environmental resource permitting requirements of the FDEP or
appropriate FWMD, and the guidelines contained in the Florida
Development Manual: A Guide to Sound Land and Water Management (FDEP,
1988) and any subsequent amendments. The description and implementation
of controls shall address the following minimum components:
a. Erosion and Sediment Controls. (1) Stabilization Practices. A
description of interim and permanent stabilization practices, including
site-specific scheduling of the implementation of the practices. Site
plans should ensure that existing vegetation is preserved where
attainable and that disturbed portions of the site are stabilized.
Stabilization practices may include: temporary seeding, permanent
seeding, mulching, geotextiles, sod stabilization, vegetative buffer
strips, protection of trees, preservation of mature vegetation, and
other appropriate measures. A record of the dates when major grading
activities occur, when construction activities temporarily or
permanently cease on a portion of the site and when stabilization
measures are initiated shall be included in the plan. Stabilization
measures shall be initiated as soon as practicable, but in no case more
than 14 days, in portions of the site where construction activities
have temporarily or permanently ceased.
(2) Structural Practices. A description of structural practices, to
divert flows from exposed soils, store flows or otherwise limit runoff
and the discharge of pollutants from exposed areas of the site; and in
the State of Florida, in accordance with the requirements set forth in
Section 62-40, 420, FAC, and the applicable storm water or
environmental resource regulations of the FDEP or appropriate FWMD.
Such practices may include silt fences, earth dikes, drainage swales,
sediment traps, check dams, subsurface drains, pipe slope drains, level
spreaders, storm drain inlet protection, rock outlet protection,
reinforced soil retaining systems, gabions, and temporary or permanent
sediment basins. Structural practices should be placed on upland soils
unless a State of Florida wetland resource management permit or
environmental resource permit issued pursuant to Chapters 373 or 403,
FS, and applicable regulations of the FDEP or FWMD authorize otherwise.
The installation of these devices may be subject to Section 404 of the
CWA.
(a) For common drainage locations that serve an area with more than
10 disturbed acres at one time, a temporary (or permanent) sediment
basin providing 3,600 cubic feet of storage per acre drained, or
equivalent control measures, shall be provided where attainable until
final stabilization of the site. The 3,600 cubic feet of storage area
per acre drained does not apply to flows from offsite areas and flows
from onsite areas that are either undisturbed or have undergone final
stabilization where such flows are diverted around both the disturbed
area and the sediment basin. For drainage locations which serve more
than 10 disturbed acres at one time and where a temporary sediment
basin providing 3,600 cubic feet of storage per acre drained, or
equivalent controls is not attainable, smaller sediment basins and/or
sediment traps should be used. At a minimum, silt fences, or equivalent
sediment controls are required for all sideslope and downslope
boundaries of the construction area.
(b) For drainage locations serving less than 10 acres, sediment
basins and/or sediment traps should be used. At a minimum, silt fences
or equivalent sediment controls are required for all sideslope and
downslope boundaries of the construction area unless a sediment basin
providing storage for 3,600 cubic feet of storage per acre drained is
provided.
b. Storm Water Management. A description of measures that will be
installed during the construction process to control pollutants in
storm water discharges that will occur after construction operations
have been completed. In the State of Florida, the description of
controls shall be consistent with the requirements set forth in the
State Water Policy of Florida (Chapter 62-40, FAC), the applicable
storm water or environmental resource permitting regulations of the
guidelines contained in the Florida Development Manual: A Guide to
Sound Land and Water Management (FDEP, 1988), and any subsequent
amendments. Structural measures should be placed on upland soils unless
a State of Florida wetland resource management permit or environmental
resource permit issued pursuant to Chapters 373 or 403, FS, and
applicable regulations of the FDEP or FWMD authorize otherwise. The
installation of these devices may be subject to Section 404 of the CWA.
This NPDES permit only addresses the installation of storm water
management measures, and not the ultimate operation and maintenance of
such structures after the construction activities have been completed
and the site has undergone final stabilization. Permittees are only
responsible for the installation and maintenance of storm water
management measures prior to final stabilization of the site, and are
not responsible for maintenance after storm water discharges associated
with industrial activity have been eliminated from the site. However,
all storm water management systems shall be operated and maintained in
perpetuity after final stabilization in accordance with requirements
set forth in the State of Florida storm water or environmental resource
permit issued for the site.
(1) Such practices may include: storm water detention structures
(including wet ponds); storm water retention structures; flow
attenuation by use of open vegetated swales and natural depressions;
infiltration of runoff onsite; and sequential systems (which combine
several practices). In the State of Florida, pursuant to the
requirements of section 62-40.432, FAC, the storm water management
system shall be designed to remove at least 80 percent of the average
annual load of pollutants which cause or contribute to violations of
water quality standards ( 95 percent if the system discharges to an
Outstanding Florida Water). The pollution prevention plan shall include
an explanation of the technical basis used to select the practices to
control
[[Page 15665]]
pollution where flows exceed predevelopment levels.
(2) Velocity dissipation devices shall be placed at discharge
locations and along the length of any outfall channel for the purpose
of providing a non-erosive velocity flow 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). Equalization of the
predevelopment and post-development storm water peak discharge rate and
volume shall be a goal in the design of the post-development storm
water management system.
c. Other Controls. (1). Waste Disposal. No solid materials,
including building materials, shall be discharged to waters of the
United States, except as authorized by a Section 404 permit and by a
State of Florida wetland resource management permit or environmental
resource permit issued pursuant to chapters 373 or 403, FS, and the
applicable regulations of the FDEP or FWMD.
(2) Off-site vehicle tracking of sediments and the generation of
dust shall be minimized.
(3) The plan shall ensure and demonstrate compliance with
applicable State and/or local waste disposal, sanitary sewer or septic
system regulations.
(4) The plan shall address the proper application rates and methods
for the use of fertilizers and pesticides at the construction site and
set forth how these procedures will be implemented and enforced.
Nutrients will be applied only at rates necessary to establish and
maintain vegetation such that discharges will not cause or contribute
to violations of State surface or ground water quality standards.
(5) The plan shall ensure that the application, generation, and
migration of toxic substances is limited and that toxic materials are
properly stored and disposed.
d. Approved State or Local Plans. (1) Facilities which discharge
storm water associated with construction activity must include in their
storm water pollution prevention plan procedures and requirements
specified in applicable sediment and erosion site plans or site
permits, or storm water management site plans or site permits approved
by State, Tribal or local officials. Permittees shall provide a
certification in their storm water pollution prevention plan that their
storm water pollution prevention plan reflects requirements applicable
to protecting surface water resources in sediment and erosion site
plans or site permits, or storm water management site plans or site
permits approved by State, Tribal or local officials. Permittees shall
comply with any such requirements during the term of the permit. This
provision does not apply to provisions of master plans, comprehensive
plans, non-enforceable guidelines or technical guidance documents that
are not identified in a specific plan or permit that is issued for the
construction site.
(2) Storm water pollution prevention plans must be amended to
reflect any change applicable to protecting surface water resources in
sediment and erosion site plans or site permits, or storm water
management site plans or site permits approved by State or local
officials for which the permittee receives written notice. Where the
permittee receives such written notice of a change, the permittee shall
provide a recertification in the storm water pollution plan that the
storm water pollution prevention plan has been modified to address such
changes.
(3) Dischargers seeking alternative permit requirements shall
submit an individual permit application in accordance with Part VII.L
of the permit at the address indicated in Part V.C of this permit for
the appropriate Regional Office, along with a description of why
requirements in approved State or local plans or permits, or changes to
such plans or permits should not be applicable as a condition of an
NPDES permit.
3. Maintenance. A description of procedures to ensure the timely
maintenance of vegetation, erosion and sediment control measures and
other protective measures identified in the site plan in good and
effective operating conditions.
4. Inspections. Qualified personnel (provided by the discharger)
shall inspect all points of discharge into waters of the United States
or to a municipal separate storm sewer system and all disturbed areas
of the construction site that have not been finally stabilized, areas
used for storage of materials that are exposed to precipitation,
structural control measures, structural control measures, and locations
where vehicles enter or exit the site at least once every seven
calendar days and within 24 hours of the end of a storm that is 0.25
inches or greater. Where sites have been finally stabilized; such
inspection shall be conducted at least once every month.
a. Disturbed areas and areas used for storage of materials that are
exposed to precipitation shall be inspected for evidence of, or the
potential for, pollutants entering the storm water system. The storm
water management system and erosion and sediment control measures
identified in the plan shall be observed to ensure that they are
operating correctly. In the State of Florida, where discharge locations
or points are accessible, they shall be inspected to ascertain whether
erosion control measures are effective in meeting the performance
standards set forth in State Water Policy (chapter 62-40, FAC) and the
applicable storm water or environmental resource permitting regulations
of the FDEP or appropriate FWMD. Locations where vehicles enter or exit
the site shall be inspected for evidence of offsite sediment tracking.
b. Based on the results of the inspection, the site description
identified in the plan in accordance with paragraph V.D.1 of this
permit and pollution prevention measures identified in the plan in
accordance with paragraph V.D.2 of this permit shall be revised as
appropriate, but in no case later than 7 calendar days following the
inspection. Such modifications shall provide for timely implementation
of any changes to the plan within 7 calendar days following the
inspection.
c. A report summarizing the scope of the inspection, name(s) and
qualifications of personnel making the inspection, the date(s) of the
inspection, major observations relating to the implementation of the
storm water pollution prevention plan, and actions taken in accordance
with paragraph V.D.4.b of the permit shall be made and retained as part
of the storm water pollution prevention plan for at least three years
from the date that the site is finally stabilized. Such reports shall
identify any incidents of non-compliance. Where a report does not
identify any incidents of non-compliance, the report shall contain a
certification that the facility is in compliance with the storm water
pollution prevention plan and this permit. The report shall be signed
in accordance with Part VII.G of this permit.
5. Non-Storm Water Discharges--Except for flows from fire fighting
activities, sources of non-storm water listed in Part III.A.2 of this
permit that are combined with storm water discharges associated with
construction activity must be identified in the plan. The plan shall
identify and ensure the implementation of appropriate pollution
prevention measures for the non-storm water component(s) of the
discharge.
[[Page 15666]]
E. Contractors
1. The storm water pollution prevention plan must clearly identify
for each measure identified in the plan, the contractor(s) and/or
subcontractor(s) that will implement the measure. All contractors and
subcontractors identified in the plan must sign a copy of the
certification statement in Part V.E.2 of this permit in accordance with
Part VII.G of this permit. All certifications must be included in the
storm water pollution prevention plan.
2. Certification Statement. All contractors and subcontractors
identified in a storm water pollution prevention plan in accordance
with Part V.E.1 of this permit shall sign a copy of the following
certification statement before conducting any professional service
identified in the storm water pollution prevention plan:
I certify under penalty of law that I understand the terms and
conditions of the general National Pollutant Discharge Elimination
System (NPDES) permit that authorizes the storm water discharges
associated with industrial activity from the construction site
identified as part of this certification.
The certification must include the name and title of the person
providing the signature in accordance with Part VII.G of this permit;
the name, address and telephone number of the contracting firm; the
address (or other identifying description) of the site; and the date
the certification is made.
Part VI. Retention of Records
A. The permittee shall retain copies of storm water pollution
prevention plans and all reports required by this permit, and records
of all data used to complete the Notice of Intent to be covered by this
permit, for a period of at least three years from the date that the
site is finally stabilized. This period may be extended by request of
the Director at any time.
B. The permittee shall retain a copy of the storm water pollution
prevention plan required by this permit at the construction site from
the date of project initiation to the date of final stabilization.
C. Addresses. Except for the submittal of NOIs (Part II.C) and NOTs
(Part IX), all written correspondence directed to the U.S.
Environmental Protection Agency concerning discharges in the State of
Florida or an Indian lands located in Region 4, and subject to coverage
under this permit, including the submittal of individual permit
applications, shall be sent to the address listed below:
U.S. EPA, Region 4, Surface Water Permits Section, Water Management
Division, Atlanta Federal Center, 61 Forsyth St., SW., Atlanta, GA
30303
Part VII. Standard Permit Conditions
A. Duty To Comply
1. The permittee must comply with all conditions of this permit.
Any permit noncompliance constitutes a violation of the CWA and is
grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or for denial of a permit renewal
application.
2. Penalties for Violations of Permit Conditions.
a. Criminal. (1) Negligent Violations. The CWA provides that any
person who negligently violates permit conditions implementing Sections
301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a fine of
not less than $2,500 nor more than $25,000 per day of violation, or by
imprisonment for not more than 1 year, or both.
(2) Knowing Violations. The CWA provides that any person who
knowingly violates permit conditions implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less
than $5,000 nor more than $50,000 per day of violation, or by
imprisonment for not more than 3 years, or both.
(3) Knowing Endangerment. The CWA provides that any person who
knowingly violates permit conditions implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act and who knows at that time that
he is placing another person in imminent danger of death or serious
bodily injury is subject to a fine of not more than $250,000, or by
imprisonment for not more than 15 years, or both.
(4). False Statement. The CWA provides that any person who
knowingly makes any false material statement, representation, or
certification in any application, record, report, plan, or other
document filed or required to be maintained under the Act or who
knowingly falsifies, tampers with, or renders inaccurate, any
monitoring device or method required to be maintained under the Act,
shall upon conviction, be punished by a fine of not more than $10,000
or by imprisonment for not more than 2 years, or by both. If a
conviction is for a violation committed after a first conviction of
such person under this paragraph, punishment shall be by a fine of not
more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or by both. (See Section 309.c.4 of the Clean Water Act).
b. Civil Penalties--The CWA provides that any person who violates a
permit condition implementing Sections 301, 302, 306, 307, 308, 318, or
405 of the Act is subject to a civil penalty not to exceed $25,000 per
day for each violation.
c. Administrative Penalties--The CWA provides that any person who
violates a permit condition implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to an administrative penalty, as
follows:
(1) Class I penalty. Not to exceed $10,000 per violation nor shall
the maximum amount exceed $25,000.
(2) Class II penalty. Not to exceed $10,000 per day for each day
during which the violation continues nor shall the maximum amount
exceed $125,000.
B. Continuation of the Expired General Permit
This permit expires at midnight 5 years from April 3, 1998. If this
general permit is not reissued prior to its expiration date, all
facilities desiring to retain continued coverage shall submit another
NOI form prior to the expiration of this permit. This submittal shall
also satisfy the notification requirement to be covered under the
reissued permit. Facilities that have not obtained coverage under this
permit by the expiration date of this permit cannot become authorized
to discharge under the continued permit.
The authorization to discharge under the continued previous general
permit, issued on September 25, 1992 (57 FR 44412), expires 90 days
from April 3, 1998.
C. Need To Halt or Reduce Activity Not a Defense
It shall not be a defense for a permittee 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.
D. Duty To Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
E. Duty To Provide Information
The permittee shall furnish within a reasonable time to the
Director; an authorized representative of the Director; a State or
local agency approving sediment and erosion plans, grading plans, or
storm water management plans; or in the case of a
[[Page 15667]]
storm water discharge associated with industrial activity which
discharges through a municipal separate storm sewer system with an
NPDES permit, to the municipal operator of the system, any information
which is requested to determine compliance with this permit or other
information.
F. Other Information
When the permittee becomes aware that he or she failed to submit
any relevant facts or submitted incorrect information in the Notice of
Intent or in any other report to the Director, he or she shall promptly
submit such facts or information.
G. Signatory Requirements
All Notices of Intent, storm water pollution prevention plans,
reports, certifications or information either submitted to the Director
or the operator of a large or medium municipal separate storm sewer
system, or that this permit requires be maintained by the permittee,
shall be signed as follows:
1. All Notices of Intent shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the
purpose of this section, a responsible corporate officer means: (1) 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 (2) the manager of one or more manufacturing,
production or operating facilities employing more than 250 persons or
having gross annual sales or expenditures exceeding $25,000,000 (in
second-quarter 1980 dollars) if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures;
b. For a partnership or sole proprietorship: by a general partner
or the proprietor, respectively; or
c. For a municipality, State, Federal, or other public agency: by
either a principal executive officer or ranking elected official. For
purposes of this section, a principal executive officer of a Federal
agency includes (1) the chief executive officer of the agency, or (2) a
senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g., Regional
Administrators of EPA).
2. All reports required by the permit and other information
requested by the Director or authorized representative of the Director
shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized
representative only if:
a. The authorization is made in writing by a person described above
and submitted to the Director.
b. 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 manager, operator,
superintendent, or 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).
c. Changes to authorization. If an authorization under paragraph
II.B.3. is no longer accurate because a different operator has
responsibility for the overall operation of the construction site, a
new notice of intent satisfying the requirements of paragraph II.B.
must be submitted to the Director prior to or together with any
reports, information, or applications to be signed by an authorized
representative.
d. Certification. Any person signing documents under paragraph VI.G
shall make 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 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.
H. Penalties for Falsification of Reports
Section 309(c)(4) of the Clean Water Act provides that any person
who knowingly makes any false material statement, representation, or
certification in any record or other document submitted or required to
be maintained under this permit, including reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than 2 years, or by both.
I. Penalties for Falsification of Monitoring Systems
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.
J. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is
or may be subject under section 311 of the CWA or section 106 of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA).
K. Property Rights
The issuance of this permit does not convey any property rights of
any sort, nor any exclusive privileges, nor does it authorize any
injury to private property nor any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
L. Severability
The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit to
any circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit shall not be
affected thereby.
M. Transfers
Coverage under this permit is not transferable to any person except
after notice to the Director. The Director may require termination of
permit coverage by the current permittee in accordance with Part IX of
this permit; and the subsequent submission a Notice of Intent to
receive coverage under the permit by the new applicant in accordance
with Part II of this permit.
N. Requiring an Individual Permit or an Alternative General Permit
1. The Director may require any person authorized by this permit to
apply for and/or obtain either an individual NPDES permit or an
alternative NPDES general permit. Any interested person may petition
the Director to take action under this paragraph. Where the Director
requires a discharger authorized to discharge under this permit to
apply for an individual NPDES permit, the Director shall notify the
discharger in writing that a permit application is required. This
notification shall include a brief
[[Page 15668]]
statement of the reasons for this decision, an application form, a
statement setting a deadline for the discharger to file the
application, and a statement that on the effective date of issuance or
denial of the individual NPDES permit or the alternative general permit
as it applies to the individual permittee, coverage under this general
permit shall automatically terminate. Applications shall be submitted
to the appropriate Regional Office indicated in Part V.C of this
permit. The Director may grant additional time to submit the
application upon request of the applicant. If a discharger fails to
submit in a timely manner an individual NPDES permit application as
required by the Director under this paragraph, then the applicability
of this permit to the individual NPDES permittee is automatically
terminated at the end of the day specified by the Director for
application submittal.
2. Any discharger authorized by this permit may request to be
excluded from the coverage of this permit by applying for an individual
permit. In such cases, the permittee shall submit an individual
application in accordance with the requirements of 40 CFR
122.26(c)(1)(ii), with reasons supporting the request, to the Director
at the address for the appropriate Regional Office indicated in Part
V.C of this permit. The request may be granted by issuance of any
individual permit or an alternative general permit if the reasons cited
by the permittee are adequate to support the request.
3. When an individual NPDES permit is issued to a discharger
otherwise subject to this permit, or the discharger is authorized to
discharge under an alternative NPDES general permit, the applicability
of this permit to the individual NPDES permittee 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. When an individual NPDES permit is denied to
an owner or operator otherwise subject to this permit, or the owner or
operator is denied for coverage under an alternative NPDES general
permit, the applicability of this permit to the individual NPDES
permittee is automatically terminated on the date of such denial,
unless otherwise specified by the Director.
O. State/Environmental Laws
1. Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable State law or regulation under authority preserved by section
510 of the Act.
2. No condition of this permit shall release the permittee from any
responsibility or requirements under other environmental statutes or
regulations.
P. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit and with the requirements
of storm water pollution prevention plans. Proper operation and
maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. Proper operation and maintenance requires
the operation of backup or auxiliary facilities or similar systems,
installed by a permittee only when necessary to achieve compliance with
the conditions of the permit.
Q. Inspection and Entry
The permittee shall allow the Director or an authorized
representative of EPA, the State, or, in the case of a construction
site which discharges through a municipal separate storm sewer, an
authorized representative of the municipal operator or the separate
storm sewer receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility
or activity is located or conducted or where records must be kept under
the conditions of this permit;
2. Have access to and copy at reasonable times, any records that
must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities or equipment
(including monitoring and control equipment); and
4. Sample or monitor at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by the CWA, any
substances or parameter at any location on the site.
R. Permit Actions
This permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not
stay any permit condition.
S. Planned Changes
The permittee shall amend the pollution prevention plan as soon as
possible identifying any planned physical alterations or additions to
the permitted facility.
T. Twenty-Four Hour Reporting
(1) the permittee shall report any noncompliance which may endanger
health or the environment. Any information shall be provided orally
within 24 hours from the time the permittee becomes aware of the
circumstances. A written submission shall also be provided within 5
days of the time the permittee becomes aware of the circumstances. A
written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission
shall 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.
U. Bypass
(1) Definitions.
(i) Bypass means the intentional diversion of waste streams from
any portion of a treatment facility.
(ii) Severe property damage means substantial physical damage to
property 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.
(2) Bypass not exceeding limitations. The permittee 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 paragraphs S(3) and S(4).
(3) Notice.
(i) Anticipated bypass. If the permittee knows in advance of the
need for a bypass, it shall submit prior notice, if possible at least
ten days before the date of the bypass.
(ii) Unanticipated bypass. The permittee shall submit notice of an
unanticipated bypass as required in paragraph R. of this section (24-
hour notice).
(4) Prohibition of bypass.
(i) Bypass is prohibited, and the Director may take enforcement
action against a permittee for bypass, unless:
[[Page 15669]]
(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 judgement to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) the permittee submitted notices as required under paragraph
S(3) of this section.
(ii) The Director may approve an anticipated bypass after
considering its adverse effects, if the Director determines that it
will meet the three conditions listed above in paragraph S(4)(i) of
this section.
Part VIII. Reopener Clause
A. If there is evidence indicating potential or realized impacts on
water quality due to any storm water discharge associated with
industrial activity covered by this permit, the discharger may be
required to obtain individual permit or an alternative general permit
in accordance with Part I.C of this permit or the permit may be
modified to include different limitations and/or requirements.
B. Permit modification or revocation will be conducted according to
40 CFR 122.62, 122.63, 122.64 and 124.5.
C. This permit may be modified, or alternatively, revoked and
reissued, to comply with any applicable provisions of the Phase II
storm water regulations once they are issued.
Part IX. Termination of Coverage
A. Notice of Termination. Where a site has been finally stabilized
and all storm water discharges from construction sites that are
authorized by this permit are eliminated (see Part IX.A.5. for the
definition of eliminated), or where the operator of all storm water
discharges at a facility changes, the operator of the facility may
submit a Notice of Termination that is signed in accordance with Part
VII.G of this permit within 14 days of final stabilization of the site.
The Notice of Termination shall include the following information:
1. The mailing address, and location of the construction site for
which the notification is submitted. Where a mailing address for the
site is not available, the location can be described in terms of the
latitude and longitude of the approximate center of the facility to the
nearest 15 seconds, or the section, township and range to the nearest
quarter section;
2. The name, address, and telephone number of the operator seeking
termination of permit coverage;
3. The NPDES permit number for the storm water discharge identified
by this Notice of Termination;
4. An identification of whether the storm water discharges
associated with industrial activity have been eliminated or the
operator of the discharges has changed; and
5. The following certification signed in accordance with Part VII.G
(signatory requirements) of this permit:
I certify under penalty of law that all storm water discharges
associated with industrial activity from the identified facility
that are authorized by a NPDES general permit have otherwise been
eliminated or that I am no longer the operator of the facility or
construction site. I understand that by submitting this notice of
termination, that I am no longer authorized to discharge storm water
associated with industrial activity by the general permit, and that
discharging pollutants in storm water associated with industrial
activity to waters of the United States is unlawful under the Clean
Water Act where the discharge is not authorized by a NPDES permit. I
also understand that the submittal of this notice of termination
does not release an operator from liability for any violations of
this permit or the Clean Water Act.
For the purposes of this certification, elimination of storm water
discharges associated with construction activity means that all
disturbed soils at the identified facility have been finally stabilized
and temporary erosion and sediment control measures have been removed
or will be removed at an appropriate time, or that all storm water
discharges associated with construction activities from the identified
site that are authorized by a NPDES general permit have otherwise been
eliminated.
B. Where to Submit. Currently, applicants may use the NOT form
published in the September 29, 1995 Federal Register (60 FR 51265). The
final version of the NOT form proposed in the June 2, 1997 Federal
Register (62 FR 29785) shall be used when published in the Federal
Register. All Notices of Termination are to be sent, using the form
provided by the Director (or a photocopy thereof) \25\, to the
following address: Storm Water Notice of Termination (4203), 401 M
Street, SW, Washington, DC 20460.
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\25\ A copy of the approved NOT form is provided in Appendix A
of this notice.
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C. Additional Notification. A copy of the Notice of Termination
shall be sent to the State agency which issued the State storm water or
environmental resource permit for the site and, if the storm water
management system discharges to a municipal separate storm sewer system
within Broward, Dade, Duval, Escambia, Hillsborough, Lee, Leon,
Manatee, Orange, Palm Beach, Pasco, Pinellas, Polk, Sarasota or
Seminole Counties, to the owner of that system. Included within these
counties, the Florida Department of Transportation (FDOT), incorporated
municipalities, and chapter 298 Special Districts also shall be
notified where they own or operate a municipal separate storm sewer
system receiving storm water discharges associated with construction
activity covered by this permit.
Part X. Definitions
Best Management Practices (BMPs) means schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of waters of the United
States. BMPs also include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw material storage.
Commencement of Construction--The initial disturbance of soils
associated with clearing, grading, or excavating activities or other
construction activities.
CWA means Clean Water Act or the Federal Water Pollution Control
Act.
Dedicated portable asphalt plant--A portable asphalt plant that is
located on or contiguous to a construction site and that provides
asphalt only to the construction site that the plant is located on or
adjacent to. The term dedicated portable asphalt plant does not include
facilities that are subject to the asphalt emulsion effluent limitation
guideline at 40 CFR Part 443.
Dedicated portable concrete plant--A portable concrete plant that
is located on or contiguous to a construction site and that provides
concrete only to the construction site that the plant is located on or
adjacent to.
Director means the Regional Administrator of the Environmental
Protection Agency or an authorized representative.
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 70% of the cover for unpaved areas and areas
not covered by permanent structures has been established or equivalent
permanent
[[Page 15670]]
stabilization measures (such as the use of riprap, gabions, or
geotextiles) have been employed.
Flow-weighted composite sample means a composite sample consisting
of a mixture of aliquots collected at a constant time interval, where
the volume of each aliquot is proportional to the flow rate of the
discharge.
Large and Medium municipal separate storm sewer system means all
municipal separate storm sewers that are either: (i) Located in an
incorporated place (city) with a population of 100,000 or more as
determined by the latest Decennial Census by the Bureau of Census
(these cities are listed in Appendices F and G of 40 CFR Part 122); or
(ii) located in the counties with unincorporated urbanized populations
of 100,000 or more, except municipal separate storm sewers that are
located in the incorporated places, townships or towns within such
counties (these counties are listed in Appendices H and I of 40 CFR
Part 122); or (iii) owned or operated by a municipality other than
those described in paragraph (i) or (ii) and that are designated by the
Director as part of the large or medium municipal separate storm sewer
system.
NOI means notice of intent to be covered by this permit (see Part
II of this permit).
NOT means notice of termination (see Part IX of this permit).
Operator means any party associated with the construction project
that meets either of the following 2 criteria: (1) The party has
operational control over project specifications (including the ability
to make modifications in specifications), or (2) the party has day-to-
day operational control of those activities at a project site which are
necessary to ensure compliance with the storm water pollution
prevention plan or other permit conditions (e.g., they are authorized
to direct workers at the site to carry out activities identified in the
storm water pollution prevention plan or comply with other permit
conditions).
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 discharges. This term does not include return flows from irrigated
agriculture or agricultural storm water runoff.
Runoff coefficient means the fraction of total rainfall that will
appear at the conveyance as runoff.
Storm Water means storm water runoff, snow melt runoff, and surface
runoff and drainage.
Storm Water Associated with Industrial Activity means the discharge
from any conveyance which is used for collecting and conveying storm
water and which is directly related to manufacturing, processing or raw
materials storage areas at an industrial plant. The term does not
include discharges from facilities or activities excluded from the
NPDES program. For the categories of industries identified in
paragraphs (i) through (x) of this definition, the term includes, but
is not limited to, storm water discharges from industrial plant yards;
immediate access roads and rail lines used or traveled by carriers of
raw materials, manufactured products, waste material, or by-products
used or created by the facility; material handling sites; refuse sites;
sites used for the application or disposal of process waste waters (as
defined at 40 CFR 401); sites used for the storage and maintenance of
material handling equipment; sites used for residual treatment,
storage, or disposal; shipping and receiving areas; manufacturing
buildings; storage areas (including tank farms) for raw materials, and
intermediate and finished products; and areas where industrial activity
has taken place in the past and significant materials remain and are
exposed to storm water. For the categories of industries identified in
paragraph (xi) of this definition, the term includes only storm water
discharges from all areas (except access roads and rail lines) listed
in the previous sentence where material handling equipment or
activities, raw materials, intermediate products, final products, waste
materials, by-products, or industrial machinery are exposed to storm
water. For the purposes of this paragraph, material handling activities
include the: storage, loading and unloading, transportation, or
conveyance of any raw material, intermediate product, finished product,
by-product or waste product. The term excludes areas located on plant
lands separate from the plant's industrial activities, such as office
buildings and accompanying parking lots as long as the drainage from
the excluded areas is not mixed with storm water drained from the above
described areas. Industrial facilities (including industrial facilities
that are Federally or municipally owned or operated that meet the
description of the facilities listed in this paragraph (i)-(xi) of this
definition) include those facilities designated under 122.26(a)(1)(v).
The following categories of facilities are considered to be engaging in
``industrial activity'' for purposes of this subsection:
(i) Facilities subject to storm water effluent limitations
guidelines, new source performance standards, or toxic pollutant
effluent standards under 40 CFR Subchapter N (except facilities with
toxic pollutant effluent standards which are exempted under category
(xi) of this definition);
(ii) Facilities classified as Standard Industrial Classifications
24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32
(except 323), 33, 3441, 373;
(iii) Facilities classified as Standard Industrial Classifications
10 through 14 (mineral industry) including active or inactive mining
operations (except for areas of coal mining operations no longer
meeting the definition of a reclamation area under 40 CFR 434.11(l)
because the performance bond issued to the facility by the appropriate
SMCRA authority has been released, or except for areas of non-coal
mining operations which have been released from applicable State or
Federal reclamation requirements after December 17, 1990) and oil and
gas exploration, production, processing, or treatment operations, or
transmission facilities that discharge storm water contaminated by
contact with or that has come into contact with, any overburden, raw
material, intermediate products, finished products, byproducts or waste
products located on the site of such operations; inactive mining
operations are mining sites that are not being actively mined, but
which have an identifiable owner/operator;
(iv) Hazardous waste treatment, storage, or disposal facilities,
including those that are operating under interim status or a permit
under Subtitle C of RCRA;
(v) Landfills, land application sites, and open dumps that have
received any industrial wastes (waste that is received from any of the
facilities described under this subsection) including those that are
subject to regulation under Subtitle D of RCRA;
(vi) Facilities involved in the recycling of materials, including
metal scrapyards, battery reclaimers, salvage yards, and automobile
junkyards, including but limited to those classified as Standard
Industrial Classification 5015 and 5093;
(vii) Steam electric power generating facilities, including coal
handling sites;
(viii) Transportation facilities classified as Standard Industrial
Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which
have vehicle maintenance shops, equipment
[[Page 15671]]
cleaning operations, or airport deicing operations. Only those portions
of the facility that are either involved in vehicle maintenance
(including vehicle rehabilitation, mechanical repairs, painting,
fueling, and lubrication), equipment cleaning operations, airport
deicing operations, or which are otherwise identified under paragraphs
(i)-(vii) or (ix)-(xi) of this subsection are associated with
industrial activity;
(ix) Treatment works treating domestic sewage or any other sewage
sludge or wastewater treatment device or system, used in the storage
treatment, recycling, and reclamation of municipal or domestic sewage,
including land dedicated to the disposal of sewage sludge that are
located within the confines of the facility, with a design flow of 1.0
mgd or more, or required to have an approved pretreatment program under
40 CFR 403. Not included are farm lands, domestic gardens or lands used
for sludge management where sludge is beneficially reused and which are
not physically located in the confines of the facility, or areas that
are in compliance with 40 CFR 503;
(x) Construction activity including clearing, grading and
excavation activities except: operations that result in the disturbance
of less than five acres of total land area which are not part of a
larger common plan of development or sale;
(xi) Facilities under Standard Industrial Classifications 20, 21,
22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34
(except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are
not otherwise included within categories (i)-(x)).\26\
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\26\ On June 4, 1992, the United States Court of Appeals for the
Ninth Circuit remanded the exclusion for manufacturing facilities in
category (xi) which do not have materials or activities exposed to
storm water to the EPA for further rulemaking. (Nos. 90-70671 and
91-70200).
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Waters of the United States means:
(a) All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
(b) All interstate waters, including interstate ``wetlands'';
(c) All other waters such as interstate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds
the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce including any such waters:
(1) Which are or could be used by interstate or foreign travelers
for recreational or other purposes;
(2) From which fish or shellfish are or could be taken and sold in
interstate or foreign commerce; or
(3) Which are used or could be used for industrial purposes by
industries in interstate commerce;
(d) All impoundments of waters otherwise defined as waters of the
United States under this definition;
(e) Tributaries of waters identified in paragraphs (a) through (d)
of this definition;
(f) The territorial sea; and
(g) Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs (a) through (f) of this
definition.
Waste treatment systems, including treatment ponds or lagoons
designed to meet the requirements of CWA are not waters of the United
States.
[FR Doc. 98-8060 Filed 3-30-98; 8:45 am]
BILLING CODE 6560-50-P
