Current through Register No. 13, March 27, 2025
(a) Flocculants
shall only be used as specified in this section.
(b) Flocculants shall not be applied directly
to or within 100 feet of any surface water of the state unless specifically
approved by the department in writing in accordance with this
section.
(c) The department shall
not approve the use of flocculants unless the person requesting approval
demonstrates that due to the presence of on-site clay colloidal particles,
other erosion control measures, alone or in combination, will not be sufficient
to prevent turbidity violations and sedimentation in downstream receiving
waters.
(d) Sites shall be
stabilized as soon as possible using conventional measures to minimize the need
to use flocculants.
(e) A request
for approval to use flocculants shall be submitted as soon as the need for such
use is anticipated, whether with an application, while an application is
pending, or after a permit has been issued.
(f) The applicant or permit holder, as
applicable, shall submit the following for each type of flocculent proposed:
(3) Material safety data sheets (MSDS) for
the product;
(4) The results of
chronic and acute toxicity testing of the product conducted in accordance with
Env-Wq 1706.01 for wastewater;
(5)
Proof from the manufacturer that the flocculants are anionic and certified for
compliance with ANSI/NSF Standard 60 drinking water treatment
standards;
(6) Certification by the
applicant or permit holder, as applicable, that:
a. All proposed flocculants are the same as
those used in the toxicity tests and will not be altered in any way for the
project; and
b. No additional
chemicals are needed or will be used to enhance performance of the
flocculent;
(7) An
explanation as to why conventional erosion control measures, alone or in
combination, will not be sufficient to prevent turbidity violations and
sedimentation in downstream receiving waters;
(8) A flocculant application plan as
specified in (g), below, prepared in consultation with the flocculant
manufacturer or authorized manufacturer's representative; and
(9) A water quality sampling plan as
specified in (i), below, for all discharges treated with flocculants and all
surface waters of the state receiving such discharges.
(g) The flocculant application plan required
by (f)(8), above, shall include the following:
(1) A plan of the project showing where the
flocculant will be applied and the name, location, and distance to all surface
waters of the state immediately downstream that might receive discharge from
areas treated with flocculants;
(2)
The expected start and end dates for using flocculants, including a schedule
and list of measures which will be taken to stabilize the site as soon as
possible using conventional stabilization practices;
(3) Test results for representative soils
from the site, and recommendations from the manufacturer based on the soil
tests, indicating the type of flocculant and the recommended application
rate;
(4) Frequency, method, and
rates of application designed to ensure that flocculant concentrations will not
exceed 50% of the IC25 or NOEC value, whichever is less, for the flocculant
product used;
(5) Frequency of
inspection and maintenance of the flocculant application system; and
(6) Method for the collection, removal, and
disposal or stabilization of flocculated particles to prevent
resuspension.
(h)
Flocculant application systems shall be operated, inspected, and maintained
only by qualified personnel with experience in the use of the type of system(s)
being used.
(i) The water quality
sampling plan required by (f)(9), above, shall include the following:
(1) At least 3 proposed water quality sample
locations for each discharge and each receiving water, at least one of which
shall be to establish background concentrations in the receiving
water;
(2) The latitude and
longitude of each sampling location in degrees, minutes, and seconds, with at
least 3 decimal places of precision (DDMMSS.sss) and referenced to the North
American Datum of 1983 (NAD 83) or its successor;
(3) For each piece of equipment used for
water quality testing, the make, model, and accuracy of the equipment, subject
to the following:
a. Turbidimeters shall have
an accuracy of 0.05 or +/-2%, whichever is greater, for readings below 100 NTUs
and +/- 3% above 100 NTUs; and
b.
pH meters shall have an accuracy of +/- 0.2 pH units;
(4) Standard procedures for calibration and
quality assurance;
(5) A sampling
plan that meets the requirements of (j), below;
(6) A copy of the field data sheet that will
be used that accommodates the collection of all data specified in (k),
below;
(7) Contact information for
each individual who will be conducting water quality sampling, including name,
mailing address, and daytime telephone number, and, if available, an e-mail
address and fax number; and
(8) The
qualifications of each individual who will be conducting water quality
sampling.
(j) The
sampling plan required by (i)(5) shall require the following:
(1) All water quality sampling shall be
conducted by qualified personnel with experience in water quality testing and
analysis;
(2) For all parameters,
one duplicate sample shall be taken as a quality control measure for every 10
samples taken;
(3) Unless otherwise
approved by the department based on site-specific conditions, sampling for pH
and turbidity shall be conducted:
a. In at
least one stormwater discharge location prior to the application of
flocculants;
b. In all treated
discharges that discharge to a surface waterof the state at a point downstream
of the area where flocculant has been applied but upstream of the receiving
water;
c. In each receiving water
at a point upstream of the area of the application of flocculants and at a
point approximately 100 feet downstream of the confluence of the treated
discharge and the receiving water;
d. For all wet weather events that produce a
discharge; and
e. Every hour for
the first 2 hours once a discharge commences, every 2 hours for the next 6
hours and every 8 hours thereafter until the discharge has ceased;
and
(4) Information
shall be provided regarding how the concentration of flocculant will be
measured in each discharge that discharges to a surface water of the state to
ensure that toxicity concentrations are not exceeded. If a surrogate parameter
such as turbidity is proposed to meet this requirement, data shall be provided
showing the relationship between the surrogate parameter concentration and the
concentration of flocculant in the surface water.
(k) Sampling results shall include the date,
time, sample location, value of the results, applicable water quality criteria,
a summary of any violation(s) and actions taken to correct the
violation(s).
(l) Whenever
flocculants are used and a discharge occurs, the permit holder shall submit a
summary report to the department on a weekly basis that includes the following:
(1) The type and quantity of flocculant
used;
(2) The date, duration of
discharge, and estimated discharge rate;
(3) The total volume of water
treated;
(4) The concentration of
flocculant in the discharge, with supporting calculations; and
(5) A comparison of the amount of flocculant
used to that which was originally proposed in the approved flocculant
application plan and an explanation for any deviations from the plan.
(See Revision Note #1 at chapter heading for Env-Wq 1500)
#9343, eff 1-1-09
