UNIVERSITYOF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN BOOKSTACKS Illinois Office ofSmall Business ILLINOIS Environmental P.O. BOX 1927G DEPOSITORY Protection Agency Springfield, 1L 62794-9276 1-888-372-1996 NOV o 1 2002 UNIVERSITY OF ILLINOIS ATURBANA-CHAMPAIGN What Phase of the NPDES Storm Water Management Program? Is II InformationpresentedinthispublicationisintendedtoprovideageneralunderstandingoftherequirementsofPhaseIIoftheNationalPollutant Discharge EliminationSystem (NPDES)storm waterprogram. This information isnor intended to replace, limit orexpand upon thecompletestatutoryand regula- toryrequirementsfoundin theIllinois EnvironmentalProtectionActand Title35oftheIllinoisAdministrativeCode What is Phase II and Who is Affected? How Do the Phase II Rules Affect Industry? 3 Storm water runoff has been a source of great concern for Phase of the storm water program required industrial 1 l l many years. It can pollute lakes and streams. As a result, categories to obtain an NPDES permit for their storm water the 1987 amendments to the Clean Water Act required the discharges. Phase ll does not add any new industrial cate- UnitedStates Environmental Protection Agency(U.S. EPA) to gories to the program. address storm water runoff in two phases. Phase l of the NPDES Storm Water Program began in 1990 and applied to Phase l also included a “no exposure” exemption limited to large and medium municipal separate storm sewer systems certain “light industry" facilities. Phase ll expands the “no (MS4) and l l industrial categories including construction exposure”exclusion to include all industrial facilitiescovered sites disturbing five acres of land or more. Phase II of the under Phase I except construction activities, if industrial NPDES Storm Water Program will begin in March 2003 and materials or activities are not exposed to storm water, an applies to additional MS4s and construction sites disturbing exemption can be requested under this exclusion. Illinois equal to or greater than one but less than five acres of land. EPA notifies exemption applicants if the exemption is Phase II also expands the industrial “no exposure" exemp- approved or iftherequest is deniedoradditional information tion covered under Phase I. Illinois Environmental Protection is required. The condition of no exposure must be main- Agency(Illinois EPA) is in charge of implementingboth phas- tained by keeping all industrial materials or activities pro- es of the NPDES Storm water Program. tected at all times. If“no exposure” conditions are not main- tained, the operator must immediately apply for an NPDES Although this fact sheet will focus on the Phase ll regulatory storm water permit. For a list of the Phase I "light industry" requirements for industry and construction, the following is facilities, contact the Office of Small Business. provided for MS4S: Operators of MS4s covered by Phase 1 and II must obtain an NPDES permit for theirstorm waterdis- Under the Phase ll “no exposure" exclusion, a written certifi- charges. Once they receive their discharge permit, they cation must be submitted every five years to verify that a must fully implement all storm water runoffcontrol practices condition of no exposure exists. All industrial facilities cov- identified in the permit. Operators of MS4s should contact ered under Phase I of the storm water program must either the Illinois EPA Bureau of Water Permit Section at 217-782- apply for an NPDES permit or complete a “no exposure" cer- 0610 foradditional information regardinghowPhase ll ofthe tification form everyfive years in order to complywith storm storm water program may affect them. water require—ments. The Illinois EPA fact sheet entitled “Storm Water Keep Clean!" presents additional informa- “Storm water runoff” is rain water or melted snow that tion. it runs off the land and enters lakes, rivers, streams and ponds. As it moves across the land, it picks up and car- "No exposure" means all industrial materials and activi- ries pollutants such as pestic ides, metals and oil and ties are protected by a storm-resistant shelter to prevent dumps theses pollutants into the water, it can also exposure to rain, snow, snowmelt and runoff, industrial cause increased erosion that results in more soil being materials or activities include, but are not limited to, carried into surface water. Both of these situations can material handling equipment and activities, industrial degrade water quality. machinery, raw materials, intermediate products, by- products, final products and waste products. The “no exposure” certification form may be obtained from the Illinois EPA website, the Office of Small Business or the Bureau of Water Permit Section. m How Do The Phase II Rules Affect Construction Sites3 Phase ll of the storm waterprogram automaticallyapplies to all construction activities disturbing one ormore acre to less than five acres of land. These sites must receive an npi)ES TOGETHERWE CAN PROTECTAND ENHANCETHE ENVIRONMENT OF ILLINOIS . permit before any earthmoving activities begin. Illinois EPA For residential construction only, after temporary stabilize may require construction sites disturbing less than one acre tion has been completed and the homeowner has beer! of land to obtain a storm water discharge permit if such informed that he or she must complete final stabilization activities would adversely affect water quality. upon assuming control of the site. Croonasdtrbuucitlidoinng,actciovnisttiersucitnicolnudoef, rbeustideanrteianlotholuismietsedatnod, An SWPPP Must Include the Following: office buildings, industrial sites and demolition. Site description identifying potential sources of polk tion that may affect the quality of storm water dis- Activities that “disturb the land” or “cause land distur- charges bance" include grading, clearing, excavation and other Apropriate best management practices (BMP), including earth-moving processes. erosion, sediment, and storm water management con- trols to minimize the discharge of pollutants from the site Two waivers may be available for small construction Description of steps taken to prevent and control polk sites, both of which are quite technical. Applications for tants in storm water discharge from the site, including a waiver can be submitted to the Illinois EPA, Illinois EPA inspection ofall disturbed, unstabilized areasand main-] will determine if and when waivers apply to construction tenance of all controls to ensure their effective opera-f activities. Formore information onwaivers forsmallcon- tion. struction sites, contact Illinois EPA Bureau of Water Permit Section at 217-782-0610. For more information on how to comply with the storrr water program, see Illinois EPA’s fact sheet “Storm Water, Management for Construction Activities.” More informatiorT In order to comply with Phase ll of the storm water program, about NPDES storm water permits and assistance on filling follow the steps below: out NOls can be obtained by contacting the Illinois era Office of Small Business. Determine which parties are considered “operators" i responsible forcomplying with the Phase n requirements. An “operator of a construction site, such as the develop- er, is one who maintains overall operational control over construction plans and specifications, including theabili- ty to change these plans and specifications. An operator can also be one who maintains day-to-day operational control over activities that will ensure compliance with the storm water pollution prevention plan, such as the general contractor or subcontractor. When Do Need To Comply? I tperators of small construction sites must comply with pel 2. CEoPmAplDeitviesiaonndosfubWmaittera NPootlilcuteiootnICnotennttro(lNOlP)ertmoittheSeIlcltiinooins mit requirements within 90 days after Illinois EPA he before construction activities that will cause land distur issued the permit (no later than March 10, 2003) or prior t<j beginning any construction activities that involve land di| ranee begin. I turbance 3 DpnreeiveoerdlttooopbtaheesstsuotbarrmmtitwotafetdceortnosptoIrllulliucnttoiiiosonnE.pPrAe.TvhebenuttSimoWunPspPtlPabned(okSeeWpsPtPnoPon)t HopelneltpefIlultlionHofiiusnltfi:EllPMAto'hssetPwohefabtsshieeteIfIosrattmosrwtmwhwawt.aetyeporau.rwiseltqlautnie.erieelmd.eutnso/twscatoeamrrt/jj the construction site and accessible to everyone during forms.html#permits-wastewater. cotistreiction at tivities All regulated industrial facilities must apply for either a 4. implement the SWPPP, includingcompletion of inspection NPDES storm water discharge permit or a waiver under th reports that must Ire1 kept on site. “no exposure" exclusion 180 days prior to a new discharg Operators of industrial facilities seeking an exemption undei 5. Complete final stabilization of the- site. the "no exposure" exclusion must submit a written certific 6. CIlolimnpoilseEtePAawndhesnubamniytoaf tNhoetifcoellootwiTngeromcicnuartsi:on (NOT) to tcihoanrtgoeIplleirnmoiistEsPaAreevauetroymafitviecaylelayrsr.enNePwDeEdSesvteorrymfiwvaeteyeradris After the land disturbing activities are complete and the Where Do Go For More Information? site has been finally stabilized, the operator should termi- I nate his cove1rage under the permit by completing a NOT For additional information on storm water or other environ form and submitting it to the Illinois EPA. The United mental requirements, please call the Office ot Sma States Environmental Protection Agency considers that a Business at I-888-EPA-1096. All calls are considered confl site has been finally stabilized when all land disturbing dential. and the1 callercan remain anonymous. You can alsc activities are complete and a uniform perennial vegetative visit the Illinois EPA website at www.epa.state.il.us. All tac cover with a density of 70 percent ot the1 cover for sheets mentioned in this document are available througl unpaved areas and areas not covered by permanent struc- the Illinois EPA website. tures has been established or equivalent permanent stabi- Printed by Authority lization measures have been used. of the State of Illinois The permittee is no longer an operator of the site. Jun. - 2002 32420 2.000 TOGETHERWE CAN PROTECTAND ENHANCETHE ENVIRONMENT OF ILLINOIS