Risk Level 2

RISK LEVEL 2 MONITORING REQUIREMENTS
Per 2009-0009-DWQ as amended by 2010-0014-DWQ

G. Inspection, Maintenance and Repair

1. Risk Level 2 dischargers shall ensure that all inspection, maintenance repair and sampling activities at the project location shall be performed or supervised by a Qualified SWPPP Practitioner (QSP) representing the discharger.  The QSP may delegate any or all of these activities to an employee appropriately trained to do the task(s).

2. Risk Level 2 dischargers shall perform weekly inspections and observations, and at least once each 24-hour period during extended storm events, to identify and record BMPs that need maintenance to operate effectively, that have failed, or that could fail to operate as intended. Inspectors shall be the QSP or be trained by the QSP.

3. Upon identifying failures or other shortcomings, as directed by the QSP, Risk Level 2 dischargers shall begin implementing repairs or design changes to BMPs within 72 hours of identification and complete the changes as soon as possible.

4. For each inspection required, Risk Level 2 dischargers shall complete an inspection checklist, using a form provided by the State Water Board or Regional Water Board or in an alternative format.

5. Risk Level 2 dischargers shall ensure that checklists shall remain onsite with the SWPPP and at a minimum, shall include:

a. Inspection date and date the inspection report was written.

b. Weather information, including presence or absence of precipitation, estimate of beginning of qualifying storm event, duration of event, time elapsed since last storm, and approximate amount of rainfall in inches.

c. Site information, including stage of construction, activities completed, and approximate area of the site exposed.

d. A description of any BMPs evaluated and any deficiencies noted.

e. If the construction site is safely accessible during inclement weather, list the observations of all BMPs:  erosion controls, sediment controls, chemical and waste controls, and non-storm water controls.  Otherwise, list the results of visual inspections at all relevant outfalls, discharge points, downstream locations and any projected maintenance activities.

f. Report the presence of noticeable odors or of any visible sheen on the surface of any discharges.

g. Any corrective actions required, including any necessary changes to the SWPPP and the associated implementation dates.

h. Photographs taken during the inspection, if any.

i. Inspector’s name, title, and signature.

H. Rain Event Action Plan

1. Additional Risk Level 2 Requirement:  The discharger shall ensure a QSP develop a Rain Event Action Plan (REAP) 48 hours prior to any likely precipitation event.  A likely precipitation event is any weather pattern that is forecast to have a 50% or greater probability of producing precipitation in the project area.  The discharger shall ensure a QSP obtain a printed copy of precipitation forecast information from the National Weather Service Forecast Office (e.g., by entering the zip code of the project’s location at http://www.srh.noaa.gov/forecast).

2. Additional Risk Level 2 Requirement:  The discharger shall ensure a QSP develop the REAPs for all phases of construction (i.e., Grading and Land Development, Streets and Utilities, Vertical Construction, Final Landscaping and Site Stabilization).

3. Additional Risk Level 2 Requirement:  The discharger shall ensure a QSP ensure that the REAP include, at a minimum, the following site information:

a. Site Address

b. Calculated Risk Level (2 or 3)

c. Site Storm Water Manager Information including the name, company, and 24-hour emergency telephone number

d. Erosion and Sediment Control Provider information including the name, company, and 24-hour emergency telephone number

e. Storm Water Sampling Agent information including the name, company, and 24-hour emergency telephone number

4. Additional Risk Level 2 Requirement:  The discharger shall ensure a QSP include in the REAP, at a minimum, the following project phase information:

a. Activities associated with each construction phase

b. Trades active on the construction site during each construction phase

c. Trade contractor information

d. Suggested actions for each project phase

5. Additional Risk Level 2 Requirement:  The discharger shall ensure a QSP develop additional REAPs for project sites where construction activities are indefinitely halted or postponed (Inactive Construction).  At a minimum, Inactive Construction REAPs must include:

a. Site Address

b. Calculated Risk Level (2 or 3)

c. Site Storm Water Manager Information including the name, company, and 24-hour emergency telephone number

d. Erosion and Sediment Control Provider information including the name, company, and 24-hour emergency telephone number

e. Storm Water Sampling Agent information including the name, company, and 24-hour emergency telephone number

f. Trades active on site during Inactive Construction

g. Trade contractor information

h. Suggested actions for inactive construction sites

6. Additional Risk Level 2 Requirement:  The discharger shall ensure a QSP begin implementation and make the REAP available onsite no later than 24 hours prior to the likely precipitation event.

7. Additional Risk Level 2 Requirement:  The discharger shall ensure a QSP maintain onsite a paper copy of each REAP onsite in compliance with the record retention requirements of the Special Provisions in this General Permit.

I. Risk Level 2 Monitoring and Reporting Requirements

1. Construction Site Monitoring Program Requirements

a. Pursuant to Water Code Sections 13383 and 13267, all dischargers subject to this General Permit shall develop and implement a written site-specific Construction Site Monitoring Program (CSMP) in accordance with the requirements of this Section.  The CSMP shall include all monitoring procedures and instructions, location maps, forms, and checklists as required in this section.  The CSMP shall be developed prior to the commencement of construction activities, and revised as necessary to reflect project revisions.  The CSMP shall be a part of the Storm Water Pollution Prevention Plan (SWPPP), included as an appendix or separate SWPPP chapter.

b. Existing dischargers registered under the State Water Board Order No. 99-08-DWQ shall make and implement necessary revisions to their Monitoring Program to reflect the changes in this General Permit in a timely manner, but no later than July 1, 2010.  Existing dischargers shall continue to implement their existing Monitoring Programs in compliance with State Water Board Order No. 99-08- DWQ until the necessary revisions are completed according to the schedule above.

c. When a change of ownership occurs for all or any portion of the construction site prior to completion or final stabilization, the new discharger shall comply with these requirements as of the date the ownership change occurs.

2. Objectives

The CSMP shall be developed and implemented to address the following objectives:

a. To demonstrate that the site is in compliance with the Discharge Prohibitions and applicable Numeric Action Levels (NALs)/Numeric Effluent Limitations (NELs) of this General Permit.

b. To determine whether non-visible pollutants are present at the construction site and are causing or contributing to exceedances of water quality objectives.

c. To determine whether immediate corrective actions, additional Best Management Practice (BMP) implementation, or SWPPP revisions are necessary to reduce pollutants in storm water discharges and authorized non-storm water discharges.

d. To determine whether BMPs included in the SWPPP/Rain Event Action Plan (REAP) are effective in preventing or reducing pollutants in storm water discharges and authorized non-storm water discharges.

3. Risk Level 2 – Visual Monitoring (Inspection) Requirements for Qualifying Rain Events

a. Risk Level 2 dischargers shall visually observe (inspect) storm water discharges at all discharge locations within two business days (48 hours) after each qualifying rain event.

b. Risk Level 2 dischargers shall visually observe (inspect) the discharge of stored or contained storm water that is derived from and discharged subsequent to a qualifying rain event producing precipitation of ½ inch or more at the time of discharge.  Stored or contained storm water that will likely discharge after operating hours due to anticipated precipitation shall be observed prior to the discharge during operating hours.

c. Risk Level 2 dischargers shall conduct visual observations (inspections) during business hours only.

d. Risk Level 2 dischargers shall record the time, date and rain gauge reading of all qualifying rain events.

e. Within 2 business days (48 hours) prior to each qualifying rain event, Risk Level 2 dischargers shall visually observe (inspect):

i. all storm water drainage areas to identify any spills, leaks, or uncontrolled pollutant sources.  If needed, the discharger shall implement appropriate corrective actions.

ii. all BMPs to identify whether they have been properly implemented in accordance with the SWPPP/REAP. If needed, the discharger shall implement appropriate corrective actions.

iii. any storm water storage and containment areas to detect leaks and ensure maintenance of adequate freeboard.

f. For the visual observations (inspections) described in c.i and c.iii above, Risk Level 2 dischargers shall observe the presence or absence of floating and suspended materials, a sheen on the surface, discolorations, turbidity, odors, and source(s) of any observed pollutants.

g. Within two business days (48 hours) after each qualifying rain event, Risk Level 2 dischargers shall conduct post rain event visual observations (inspections) to (1) identify whether BMPs were adequately designed, implemented, and effective, and (2) identify additional BMPs and revise the SWPPP accordingly.

h. Risk Level 2 dischargers shall maintain on-site records of all visual observations (inspections), personnel performing the observations, observation dates, weather conditions, locations observed, and corrective actions taken in response to the observations.

4. Risk Level 2 – Water Quality Sampling and Analysis

a. Risk Level 2 dischargers shall collect storm water grab samples from sampling locations, as defined in Section I.5.  The storm water grab sample(s) obtained shall be representative of the flow and characteristics of the discharge.

b. At minimum, Risk Level 2 dischargers shall collect 3 samples per day of the qualifying event.

c. Risk Level 2 dischargers shall ensure that the grab samples collected of stored or contained storm water are from discharges subsequent to a qualifying rain event (producing precipitation of  ½ inch or more at the time of discharge).

Storm Water Effluent Monitoring Requirements

d. Risk Level 2 dischargers shall analyze their effluent samples for:

i. pH and turbidity.

ii. Any additional parameters for which monitoring is required by the Regional Water Board.

5. Risk Level 2 – Storm Water Discharge Water Quality Sampling Locations

Effluent Sampling Locations

a. Risk Level 2 dischargers shall perform sampling and analysis of storm water discharges to characterize discharges associated with construction activity from the entire project disturbed area.

b. Risk Level 2 dischargers shall collect effluent samples at all discharge points where storm water is discharged off-site.

c. Risk Level 2 dischargers shall ensure that storm water discharge collected and observed represent4 the effluent in each drainage area based on visual observation of the water and upstream conditions.

d. Risk Level 2 dischargers shall monitor and report site run-on from surrounding areas if there is reason to believe run-on may contribute to an exceedance of NALs or NELs.

e. Risk Level 2 dischargers who deploy an ATS on their site, or a portion on their site, shall collect ATS effluent samples and measurements from the discharge pipe or another location representative of the nature of the discharge.

f. Risk Level 2 dischargers shall select analytical test methods from the list provided in Table 3 below.

g. All storm water sample collection preservation and handling shall be conducted in accordance with Section I.7 “Storm Water Sample Collection and Handling Instructions” below.

6. Risk Level 2 – Visual Observation and Sample Collection Exemptions

a. Risk Level 2 dischargers shall be prepared to collect samples and conduct visual observation (inspections) until the minimum requirements of Sections I.3 and I.4 above are completed. Risk Level 2 dischargers are not required to physically collect samples or conduct visual observation (inspections) under the following conditions:

i. During dangerous weather conditions such as flooding and electrical storms.

ii. Outside of scheduled site business hours.

b. If no required samples or visual observation (inspections) are collected due to these exceptions, Risk Level 2 dischargers shall include an explanation in their SWPPP and in the Annual Report documenting why the sampling or visual observation (inspections) were not conducted.

7. Risk Level 2 – Storm Water Sample Collection and Handling Instructions

a. Risk Level 2 dischargers shall refer to Table 3 below for test methods, detection limits, and reporting units.

b. Risk Level 2 dischargers shall ensure that testing laboratories will receive samples within 48 hours of the physical sampling (unless otherwise required by the laboratory), and shall use only the sample containers provided by the laboratory to collect and store samples.

c. Risk Level 2 dischargers shall designate and train personnel to collect, maintain, and ship samples in accordance with the Surface Water Ambient Monitoring Program’s (SWAMP) 2008 Quality Assurance Program Plan (QAPrP).

8. Risk Level 2 – Monitoring Methods

a. Risk Level 2 dischargers shall include a description of the following items in the CSMP:

i. Visual observation locations, visual observation procedures, and visual observation follow-up and tracking procedures.

ii. Sampling locations, and sample collection and handling procedures.  This shall include detailed procedures for sample collection, storage, preservation, and shipping to the testing lab to assure that consistent quality control and quality assurance is maintained.  Dischargers shall attach to the monitoring program an example Chain of Custody form used when handling and shipping samples.

iii. Identification of the analytical methods and related method detection limits (if applicable) for each parameter required in Section I.4 above.

b. Risk Level 2 dischargers shall ensure that all sampling and sample preservation are in accordance with the current edition of “Standard Methods for the Examination of Water and Wastewater” (American Public Health Association).  All monitoring instruments and equipment (including a discharger’s own field instruments for measuring pH and turbidity) should be calibrated and maintained in accordance with manufacturers’ specifications to ensure accurate measurements.  Risk Level 2 dischargers shall ensure that all laboratory analyses are conducted according to test procedures under 40 CFR Part 136, unless other test procedures have been specified in this General Permit or by the Regional Water Board.  With the exception of field analysis conducted by the discharger for turbidity and pH, all analyses should be sent to and conducted at a laboratory certified for such analyses by the State Department of Health Services.  Risk Level 2 dischargers shall conduct their own field analysis of pH and may conduct their own field analysis of turbidity if the discharger has sufficient capability (qualified and trained employees, properly calibrated and maintained field instruments, etc.) to adequately perform the field analysis.

9. Risk Level 2 – Analytical Methods

a. Risk Level 2 dischargers shall refer to Table 3 below for test methods, detection limits, and reporting units.

b. pH:  Risk Level 2 dischargers shall perform pH analysis on-site with a calibrated pH meter or a pH test kit.  Risk Level 2 dischargers shall record pH monitoring results on paper and retain these records in accordance with Section I.14, below.

c. Turbidity: Risk Level 2 dischargers shall perform turbidity analysis using a calibrated turbidity meter (turbidimeter), either on-site or at an accredited lab.  Acceptable test methods include Standard Method 2130 or USEPA Method 180.1.  The results will be recorded in the site log book in Nephelometric Turbidity Units (NTU).

10. Risk Level 2 – Non-Storm Water Discharge Monitoring Requirements

a. Visual Monitoring Requirements:

i. Risk Level 2 dischargers shall visually observe (inspect) each drainage area for the presence of (or indications of prior) unauthorized and authorized non-storm water discharges and their sources.

ii. Risk Level 2 dischargers shall conduct one visual observation (inspection) quarterly in each of the following periods:  January- March, April-June, July-September, and October-December.  Visual observation (inspections) are only required during daylight hours (sunrise to sunset).

iii. Risk Level 2 dischargers shall ensure that visual observations (inspections) document the presence or evidence of any non- storm water discharge (authorized or unauthorized), pollutant characteristics (floating and suspended material, sheen, discoloration, turbidity, odor, etc.), and source.  Risk Level 2 dischargers shall maintain on-site records indicating the personnel performing the visual observation (inspections), the dates and approximate time each drainage area and non-storm water discharge was observed, and the response taken to eliminate unauthorized non-storm water discharges and to reduce or prevent pollutants from contacting non-storm water discharges.

b. Effluent Sampling Locations:

i. Risk Level 2 dischargers shall sample effluent at all discharge points where non-storm water and/or authorized non-storm water is discharged off-site.

ii. Risk Level 2 dischargers shall send all non-storm water sample analyses to a laboratory certified for such analyses by the State Department of Health Services.

iii. Risk Level 2 dischargers shall monitor and report run-on from surrounding areas if there is reason to believe run-on may contribute to an exceedance of NALs.

11. Risk Level 2 – Non-Visible Pollutant Monitoring Requirements

a. Risk Level 2 dischargers shall collect one or more samples during any breach, malfunction, leakage, or spill observed during a visual inspection which could result in the discharge of pollutants to surface waters that would not be visually detectable in storm water.

b. Risk Level 2 dischargers shall ensure that water samples are large enough to characterize the site conditions.

c. Risk Level 2 dischargers shall collect samples at all discharge locations that can be safely accessed.

d. Risk Level 2 dischargers shall collect samples during the first two hours of discharge from rain events that occur during business hours and which generate runoff.

e. Risk Level 2 dischargers shall analyze samples for all non-visible pollutant parameters (if applicable) – parameters indicating the presence of pollutants identified in the pollutant source assessment required (Risk Level 2 dischargers shall modify their CSMPs to address these additional parameters in accordance with any updated SWPPP pollutant source assessment).

f. Risk Level 2 dischargers shall collect a sample of storm water that has not come in contact with the disturbed soil or the materials stored or used on-site (uncontaminated sample) for comparison with the discharge sample.

g. Risk Level 2 dischargers shall compare the uncontaminated sample to the samples of discharge using field analysis or through laboratory analysis.6

h. Risk Level 2 dischargers shall keep all field /or analytical data in the SWPPP document.

12. Risk Level 2 – Watershed Monitoring Option

Risk Level 2 dischargers who are part of a qualified regional watershed-based monitoring program may be eligible for relief from the requirements in Sections I.5.  The Regional Water Board may approve proposals to substitute an acceptable watershed-based monitoring program by determining if the watershed-based monitoring program will provide substantially similar monitoring information in evaluating discharger compliance with the requirements of this General Permit.

13. Risk Level 2 – Particle Size Analysis for Project Risk Justification

Risk Level 2 dischargers justifying an alternative project risk shall report a soil particle size analysis used to determine the RUSLE  K-Factor.  ASTM D-422 (Standard Test Method for Particle-Size Analysis of Soils), as revised, shall be used to determine the percentages of sand, very fine sand, silt, and clay on the site.

14. Risk Level 2 – Records

Risk Level 2 dischargers shall retain records of all storm water monitoring information and copies of all reports (including Annual Reports) for a period of at least three years.  Risk Level 2 dischargers shall retain all records on-site while construction is ongoing.  These records include:

a. The date, place, time of facility inspections, sampling, visual observation (inspections), and/or measurements, including precipitation.

b. The individual(s) who performed the facility inspections, sampling, visual observation (inspections), and or measurements.

c. The date and approximate time of analyses.

d. The individual(s) who performed the analyses.

e. A summary of all analytical results from the last three years, the method detection limits and reporting units, the analytical techniques or methods used, and the chain of custody forms.

f. Rain gauge readings from site inspections;

g. Quality assurance/quality control records and results.

h. Non-storm water discharge inspections and visual observation (inspections) and storm water discharge visual observation records (see Sections I.3 and I.10 above).

i. Visual observation and sample collection exception records (see Section I.6 above).

j. The records of any corrective actions and follow-up activities that resulted from analytical results, visual observation (inspections), or inspections.

15. Risk Level 2 – NAL Exceedance Report

a. In the event that any effluent sample exceeds an applicable NAL, Risk Level 2 dischargers shall electronically submit all storm event sampling results to the State Water Board no later than 10 days after the conclusion of the storm event. The Regional Boards have the authority to require the submittal of an NAL Exceedance Report.

b. Risk Level 2 dischargers shall certify each NAL Exceedance Report in accordance with the Special Provisions for Construction Activity.

c. Risk Level 2 dischargers shall retain an electronic or paper copy of each NAL Exceedance Report for a minimum of three years after the date the annual report is filed.

d. Risk Level 2 dischargers shall include in the NAL Exceedance Report:

i. The analytical method(s), method reporting unit(s), and method detection limit(s) of each analytical parameter (analytical results that are less than the method detection limit shall be reported as “less than the method detection limit”).

ii. The date, place, time of sampling, visual observation (inspections), and/or measurements, including precipitation.

iii. A description of the current BMPs associated with the effluent sample that exceeded the NAL and the proposed corrective actions taken.

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