A 2011 update of the Regulations in stormwater for local landowners and Municipalities in Kane and DuPage Counties.

1. Kelsey Musich, CPESC
Kane DuPage SWCD

2. Soil &Water Conservation District
-102 Counties in Illinois & 98 SWCDs
-22/50 States function under State Law
After the Dust Bowl of the
1930’s, Natural Resource Agencies such as
USDA-NRCS were formed.
The first Soil and Water
Conservation District was formed in 1938. In
Illinois, they formed as a Partner for
Conservation (PFC) under the IL Department
of Agriculture.
Board of Directors consist of 5
elected officials. SWCDs are locally organized
and operated units of government functioning
under Illinois law to promote the
protection, maintenance, improvement, and
wise use of the Districts:
Soil – Water - & Related Natural Resources

3. Programs

4. KDSWCD Programs include:
• Technical Assistance:
▫ Agricultural Conservation
 CPP (conservation practices)
 CREP (conservation reserve/enhancement)
 WDP (well sealing)
 SSRP (Streambank stabilization)
▫ Urban Conservation
 Regulatory Agencies (permit compliance)
 The Construction Industry Youth soils training
and classroom water
• Education quality monitoring.
 Adult Seminars:
 Pond Shocking & Well Sealing Demonstrations
 Watershed Planning
 Youth/Classroom Programs:
 Groundwater, Non-Point Source education, & Teacher trainings
• Annual Sales Include: tree, fish, prairie plants, rain
barrels, and water testing kits

5. 2011 SWCD/NRCS Staff
Rand Briggs Tom Ryterske Elizabeth Hagen-Moeller
Kelsey Musich Candice Jacobs Ken Towles
Add In: Dolores Salak

6. 2011 Envirothon – Good luck at State!
2010 Winner: St. Francis 2011 Winner: Wheaton North
• A Natural Resource education • Teams hear a presentation from
program organized by SWCDs a professional
• Serves: • Then tested on:
Cook, DuPage, Lake, Winneba ▫ Aquatics, Forestry, Soils,
go, McHenry, Boone, DeKalb, Wildlife, and a current topic
Kane, and Will ▫ Includes a lab portion
• Schools register 5 students • State winners travel to the North
who study resources material American Canon Envirothon
competition where they have a
chance to win $30,000 in
• Teachers attend a natural scholarships and prizes
resource training

7. LUOs

8. Natural Resource Inventory Reports
• Requirement of State SWCD Act section 22.02a
• An inventory of the resources on a parcel of land that is
seeking zoning relief
• Intended to generate discussions about CMAs as early as
possible in the zoning process
Single Family Estate Proposed

9. Land Use Opinions

10. Governmental Agreements – USACE 404 CWA permits

11. SESC - Partners
▫ Soil Erosion Sediment Control Program
1. Army Corps of Engineers –Chicago ICA
2. 5 Municipal Agreements –
▫ Aurora, North Aurora, Batavia, Gilberts, Elburn, and
the City of Chicago OMP
3. IEPA Construction Inspection Program
Just some of our faces since ICA…

12. ICA Chicago Army Corps
• Typical Process:
 Applicant applies for a 404 CWA permit
 Submittal to SWCD
 Plan Review (1 set plans, fee, application form)
 Acceptance Letter (3 sets stamped plans, letter/email)
 Site Inspections
 New Non-Compliance SOP
 Close out Inspection
ICA Began in 1997

13. When is KDSWCD review required?

14. KDSWCD Review Depends on:1. Waiver status 2. the Project
*Non-Waiver
• Submit to DuPage Co for 404
▫ But notify Corps *Complete -Waiver
 Give location, # of impact
 Co receives “Acknowledgement” letter • Submit to Corps for 404
 Co reviews and permit is issued • SESC oversight:
▫ County Responsibility
• SESC oversight: ▫ Community Responsibility
▫ County Responsibility ▫ KDSWCD submittal
▫ Community Responsibility

15. KDSWCD Review Depends on:1. Waiver status 2. the Project
*DuPage Co is the Applicant
*Partial-Waiver
• 404 is issued by Corps
• Depends on the project - can’t permit itself
- Location and amount of impact
• SESC Oversight:
• If site has SMA: ▫ KDSWCD submittal required
• 404 submittal to Corps for ▫ County Responsibility as well
▫ Bridges etc.
▫ When Village is applicant
▫ SMA Areas – open water wetland
▫ KDSWCD has SESC oversight
• 404 submittal to County
▫ Private land
▫ Co and MS4 has SESC oversight Open Water Clause:
All projects in OPEN WATER must
submit to the Army Corps
Bridge work, dredging etc.

16. Illinois Road Builders Association
• Currently Chicago Army Corps and IDOT are
creating a new Special Provision for In-Stream
work.
• This new Special Provision directs contractors
to a set of standards for SESC measures for in-
stream work.
• They will give guidance for the selection of
means and methods.
• This will be adopted in IDOT – District 1 only

17. Governmental Agreements – IEPA NPDES Permits

18. IEPA Construction Inspection Program
• Began as a Pilot program in 2004
▫ Unique to Illinois
▫ 17 and counting SWCDs participating
▫ 32 SWCD staff are CPESC or CPESC-IT
▫ Kane/DuPage agreed to inspect 20% of NOIs
▫ Performing site inspections for compliance with ILR10 permit
• CPESC
▫ Certified Professional
in Erosion and Sediment Control

19. NPDES Permits - Overview
• National Pollutant Discharge Elimination System
 ILG84 – Mines & Quarries
 ILR00 – Industrial Activity
 ILR40 – Municipal Discharge (NOI each permit cycle)
 ILR10 – General Construction (NOI each site > 1 acre)

20. Municipal Permits – ILR40
• Municipal Separate Storm Sewer System
• A Storm Sewer System Includes:
▫ Road-side ditches and detention ponds
▫ Curbs/gutters
▫ Storm sewer pipes
• Large Responsibility
▫ Need to understand multiple permit requirements

21. MS4 – ILR40 permit
• Be a copermittee with another regulated
MS4
• Seek own permit but rely on another entity
for a specific control measure

22. MS4 - ILR40 Permit
• Create & Implement a Stormwater Management Plan
(SWMP)
▫ Identify local concerns
▫ Reduce discharge of pollutants to the “maximum extent practicable”
(MEP)
▫ Protect water quality at the local level
▫ Show commitments regarding Funding & Staffing
▫ NOI & Plan submitted March 2003, next round in 2008
▫ Evaluate/Submit Annual Reports June
• Implement BMPs to satisfy the 6 minimum control measures

23. 6 Minimum Control Measures
• Public Education and Outreach
• Public Participation and Involvement
• Illicit Discharge Detection and Elimination
• Construction Site Runoff Control
• Post-Construction Runoff Control
• Pollution Prevention/Good Housekeeping

24. MS4 or ILR40 Permit
• 2003 IEPA issued Phase II MS4 General Permit
• Expired in February 2008
• February 2009 IEPA issued its revised ILR40
• Permit will expire March 31, 2014
• There are already entities planning sw activities
for the next reporting cycle

25. IGIG – IL Green Infrastructure Grant
• In response to the GI requirement in the ILR40 permit, IEPA
created the IL G.I. Grant
• MS4/CSO/Watershed Groups were to apply by Dec. 2010 – only $5
mil. for 1st round
• 3 Categories of projects allowed:
• CSO Rehab (29)
• SW Retention/Infiltration (76)
• G.I. Small Projects (51)
• Overwhelming response!
• 155 Total Applications
• $50 million requested
• Fox/DuPage 117 or 75%

26. The latest ILR40 permit added:
• Education/Outreach
▫ MS4s should now incorporate materials about green
infrastructure strategies, costs, and implementation guidance
• Construction Site SW Runoff Control
▫ MS4 stormwater programs must include green infrastructure
techniques where appropriate and practical
• Post Construction Stormwater Management
▫ Development and re-development should be designed to reduce
the discharge, volume, and velocity of stormwater

27. The latest ILR40 permit added:
• Submit a Notice of Intent for municipal
projects disturbing > 1 acre
• MS4’s now have BOTH: ILR40 & ILR10 permit coverage
• MS4’s are Required to oversee ILR10’s in the
community
…be aware of ILR10 permit requirements as of 2008

28. Bill pertaining to Stormwater
…as of 4.18.11, the Bill had passed the House and picked up a sponsor in the Senate

29. Projects in TMDL Watersheds
• If the impaired water is listed for suspended
solids, turbidity and/or siltation, the SWPPP
must contain BMPs to limit these parameters.
• The BMPs must be designed for a storm event
equal to or greater than a 25 year 24 hour storm event and
meet the minimum requirements of the IL Urban
Manual.

30. C& D Rule (Construction & Development)
ELGs (Effluent Limitation Guidelines)
• On Dec. 1, 2009, the USEPA published effluent
limitation guidelines (ELGs) and new source
performance standards (NSPS) to control the
discharge of pollutants from construction sites
(CFR Part 450)
• Opposition caused EPA to reconsider a 13 NTU
standard

31. Effluent Limitations are on the way!
• USEPA will require construction sites to meet:
▫ Technology-based standards for control of stormwater discharges
▫ Numeric Turbidity Standards (discharge limits) and/or BMPs
▫ NTU= Nephelometric Turbidity Unites
• These would be required on large sites
▫ On August 1, 2011 all sites >20 acres would be required to comply
▫ On February 2, 2014 all sites >10 acres to comply
• Sites would take samples throughout the day
• The Ave measurement could not exceed 280
• For storms larger than the 2yr 24hr, the turbidity limit does not apply that day

32. According to the ELGs…
• 13 then 280 NTUs recanted – 60 day “stay”
• Final Rule this May 30

33. USEPA says…
States have 4 years to incorporate
these into their NPDES permits.
This means we could see
Construction Site ELGs in the next
permit round.