Department of Environment & Conservation
Robert Martineau, Commissioner

UPDATE!

 

March 15, 2013: All five pilot cities will have reached full active status as Qualifying Local Programs (QLPs) by this date. Developers of any and all proposed construction activity located within the following jurisdictional boundaries (listed below) will submit only to the QLP for both coverage under the CGP and the local stormwater program:

 

City of Bristol
City of Cookeville
City of Knoxville
Knox County
Washington County

 

Congratulations to these 5 MS4 programs!

 

Contact information for the 5 Pilot QLPs is as follows:

QLP	Stormwater Mgr.	Phone #	Email Address
Bristol	Tim Beavers, P.E.	423-989-5566	Tbeavers@bristoltn.org
Cookeville	Tracy Meggs, P.E.	931-520-5282	tmeggs@cookeville-tn.org
Knox County	Chris Granju, P.E.	865-215-5840	chris.granju@knoxcounty.org
Knoxville	David Hagerman, P.E.	865-215-2148	dhagerman@cityofknoxville.org
Washington Co.	Mike Rutherford	423-753-1753	mrutherford@wctndevelopmentservices.org

 

The QLP program was developed through a grant-funded stakeholder driven process, with the intent of creating an effective program that incentivizes participation.  Resultant incentives include streamlined QLP minimum requirements, a standardized interagency enforcement protocol, and recognition of QLP status as an alternative measurement of MS4 permit effectiveness. Obtaining QLP status is optional, but all regulated Municipal Separate Storm Sewer Systems (MS4) are encouraged to consider participation.

 

Some of the most significant benefits of a QLP include:  

• A more streamlined and efficient process for managing construction stormwater by eliminating permit and review duplication at the local and state levels;
• Eliminating additional effort at the state level for construction site operators by providing only one set of requirements to follow; and
• A more effective construction stormwater program resulting in greater water quality protection.

 

For more information, please contact Robert Karesh at (615) 253-5402, or Jennifer Watson at (615) 532-0359, or by e-mail at storm.water@tn.gov.

DOCUMENT	DOWNLOAD
QLP Pilot Announcement	DOC	PDF
QLP Pilot Application	DOC	PDF
Current List of QLPs in Tennessee	coming soon!	coming soon!
QLP Press Release 10/9/2012		PDF

 

Below is the Timetable with Tasks Information:

Tasks	Outputs	Date
Pilot QLP Program	Work with volunteer MS4 programs and monitor	June 2012
Finalize QLP Program	Modification based on experience with pilot period. Open enrollment.	July 2013
Deliver replicable solution to other states	Develop final guidance materials for delivery to EPA	September 2013

 

Introduction to the QLP

The promulgation of the Phase I and Phase II National Pollutant Discharge Elimination System (NPDES) stormwater regulations established federal requirements for state and municipal control of stormwater runoff from construction activity. As a result, the division was required to develop NPDES permits to regulate stormwater discharges associated with construction activity, such as Tennessee's General NPDES Permit for Discharges of Stormwater Associated with Construction Activities (CGP). Municipalities identified as a regulated MS4 were required to develop programs consistent with the CGP to address construction site runoff within their jurisdictions.

Per CFR 122.44(s), the division can formally recognize an MS4 as a QLP that has been shown to meet or exceed the provisions of the CGP. If a construction site has submitted a program specific Notice of Intent (NOI) to a participating QLP, and has obtained a Notice of Coverage (NOC), the operator of the construction activity is authorized to discharge under the CGP without the submittal of an NOI, Stormwater Pollution Prevention Plan (SWPPP), or related permit fee to the division.

 

QLP Minimum Requirements

Regulated MS4s must implement and maintain a construction site stormwater runoff control program that addresses stormwater runoff from construction activities, as identified in sub-section 4.2.4 of the MS4 general permit. In addition, a QLP program must also include the following:

1.  Requirements for construction site operators to prepare and submit an NOI, and related comprehensive SWPPP, as identified in Section 3 (SWPPP Requirements) of the CGP,

2.  Specific procedures for SWPPP review, approval and NOC issuance,

3.  Requirements for construction site operators to perform inspections as identified in sub-section 3.5.8, and site assessments as identified in sub-section 3.1.2, of the CGP,

4.  A system for reporting to the division, information related to construction sites authorized by the QLP.

 

Application for QLP Status

An MS4 seeking QLP status during the pilot period may notify the division between May 1, 2012, and July 15, 2012, indicating the municipality's commitment to implement the QLP program as described. In addition to administrative information, the applicant will be asked to provide copies of their construction stormwater ordinances, site plan review and approval procedures, project inventory and tracking procedures, and enforcement response plan.

Review of applicant information will be performed by the division's Central Office and Environmental Field Office personnel. Meetings will be scheduled with the applicants to discuss their application's content and answer any related questions. Once the applicant has been approved, the MS4 receives provisional QLP status, which establishes time for any program modifications necessary to satisfy all QLP elements. Modifications may include revision of ordinances and policies, hiring or training of personnel, or purchasing related equipment.

The provisional period also provides the time necessary to educate all stakeholders, and procedurally move construction activities from a dual permit system to a single administered by the QLP. Stakeholder education is expected to be critical to the success of a smooth MS4 to QLP transition. There is no minimum amount of education required during the provisional period. However, it is expected that the provisional QLP will target appropriate internal and external stakeholders, and utilize various educational methods such as e-mail and mailing lists, public meetings, signage and website content.

The length of the provisional period will differ for each applicant based on the nature of the program at the time of application. Once the provisional period is complete, the applicant will receive notification that they have successfully received full QLP status and may begin NOC issuance.

 

We would like to formally recognize the following MS4s for their participation and valuable contributions to developing the QLP program:

Knox County	Shelby County
City of Farragut	City of Franklin
City of Nashville	Bradley County
City of Knoxville	City of Elizabethton
City of Chattanooga	City of Kinsport
City of Memphis	City of Brentwood
City of Bartlett	City of Cleveland
City of Jackson	Ft. Campbell
City of Johnson City	TN Department of Transportation
Hamilton County

 

We would also like to thank the following stakeholder groups for their invaluable participation:

Associated General Contractors, Home Builders Association of TN, Road Builders Association, TN Society of Professional Engineers, TN Municipal League, American Public Works Association, TN Chamber of Commerce, UT-Water Resources Research Center, TVA, Harpeth River Watershed Association, Cumberland River Compact

**Thank you to Jason Scott, with the Town of Farragut for designing the QLP Logo to be used on materials, applications, letterhead and signage.**

 

Additional Resources:

EPA: Code of Federal Regulations citation for Qualified Local Program authorization

Tennessee Stormwater Permitting

Tennessee NPDES Storm Water Construction Permit

Tennessee Phase II MS4 Program

Tennessee Stormwater Association