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Construction Site Stormwater Compliance
Presentation for CALBIGOctober 9, 2013
Kristin Kerr, P.E., QSD EOA, Inc.
on behalf of the San Mateo Countywide Water Pollution Prevention Program
Outline of Presentation Overview of Stormwater Regulations
MRP Construction Site Inspection Requirements
Stormwater Inspection Documentation and Tracking
Enforcement
Resources
Stormwater Regulations 101
The Clean Water Act Requires a Permit to discharge into Waters of
the State from Point Sources• Wastewater Treatment Plants• Industrial Facilities
NPDES (National Pollutant Discharge Elimination System) Permits
1986 Amendments: Stormwater Nonpoint Source Requires permits to discharge
stormwater from:• Municipal Separate Storm
Drains (MS4)• Industrial Facilities• Construction Sites
NPDES Municipal Stormwater Permits
Larger municipalities’ permits called Phase 1 and smaller ones Phase 2
Why Regulate Pollutants in Stormwater?
A storm drain system is completely separate from the sanitary sewer system
Water entering storm drains generally receives no treatment before discharging to creeks and the Bay
Municipal NPDES Permitting Authority
Stormwater Permits Individual NDPES Stormwater Permits –
issued by Regional Board • Municipal Regional Permit (MRP)
Statewide NPDES General Stormwater Permits – issued by State Board• Industrial General Permit (IGP)• Construction General Permit (CGP)• Phase II MS4 General Permit
Statewide General Permits NPDES authority issues one permit Used to cover same or similar
operations Facilities/municipality applies for
coverage Facilities/municipality submits
Notice of Intent (NOI)
Statewide Construction Activities General Permit
Revised Permit adopted by State Board & effective July 1, 2010
Applies to projects that disturb ≥1 acre of land – Public & Private
Contains requirements for site BMPs, inspections, sampling, SWPPP, reporting, QSP/QSD
Compliance inspections & enforcement by Regional Water Board staff
What do you need to know about the Construction General Permit (CGP)?
MRP Inspections: looking at SWPPP, QSP inspection records, sampling results, etc. may help inform your inspection
Public projects ≥ 1 acre must file for coverage under the CGP - will you be involved?
Overall site compliance reflects on your inspection program • You inspect for compliance with local SW ordinance• Regional Board staff inspects for compliance with CGP
Municipal Regional Permit (MRP)
Applies to cities, counties, and districts in:• San Mateo, Santa Clara,
Alameda, and Contra Costa Counties
• Fairfield and Suisun City (Solano County)
• Vallejo (Solano County)
Regional permit regulating municipal stormwater systems• Adopted by Regional Water Board: October 14, 2009• Effective date: December 1, 2009• Permit renewed every 5 years
MRP Permit Provisions C1 – Compliance with Discharge Prohibitions C2 – Municipal Maintenance C3 – New Development and Redevelopment C4 – Industrial and Commercial Discharge C5 – Illicit Discharge Detection and Elimination C6 – Construction Inspection C7 – Public Information and Outreach C8 – Water Quality Monitoring C9 – Pesticide Toxicity Control C10 – Trash Reduction C11 – Mercury Load Reduction C12 – PCBs C13 – Copper C14 – PBDE and Legacy Pesticides C15 – Exempted & Conditionally Exempted Discharges C16 – Reporting
MRP Construction Site Inspection Requirements
Big Picture Requirements… Implement a construction site
inspection and control program at all construction sites
Prevent discharges of pollutants and impacts on receiving waters
When does this apply?—All year long!
MRP Construction Site Inspection Requirements
During wet season, at least 1 stormwater inspection per month for • sites disturbing > 1 acre• “high priority” sites
Inspect both Public (e.g. CIP projects) & Private sites
MRP Construction Site Inspection Requirements
What is a high priority site?• Identified by your municipality• Generally, site with < 1 acre of land disturbance that
—Has a steep slope and/or,—Is adjacent to a creek
MRP Construction Site Inspection Requirements
When is the wet season?October 1st – April 30th
Construction Site Inspections
When construction ends during wet season:• Continue stormwater inspections until
site is fully stabilized.• If stabilizing with vegetation, assume
“fully stabilized” when there is 70% vegetative cover.
Construction Site Inspections
For every required stormwater inspection, there must be a completed inspection checklist.
Construction Site Inspections For sites that require monthly wet season
inspections, data from the stormwater inspection checklist must be:• Tracked (in spreadsheet or database), and • Reported (in Annual Report).
Construction Site Inspections Tracking table is not submitted in Annual Report
but is the basis for Annual Report data summaries Regional Board can request tracking table at any
time Inspection tables should match summaries in
Annual Report
Stormwater Inspection Forms
Stormwater Inspection Form Document Problems in 6 BMP categories:
• Erosion control• Run-on and run-off control• Sediment control• Active treatment systems (as needed)• Good site management• Non-stormwater management
Stormwater Inspection Forms
Document Illicit Discharges
Stormwater Inspection Forms Enforcement Actions Resolution of Problem
• Problems fixed• Need More Time
• Escalate Enforcement
Comments: rationale for longer compliance time, all escalation in enforcement discussions, relevant information
Enforcement Options and Reporting
Enforcement Response Plan (ERP)
Each agency must have and implement an ERP ERP provides framework for consistent and
effective enforcement ERP must include progressive (escalating)
enforcement The Program prepared an ERP template in 2010 Agencies developed ERPs based on the template
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What’s in an ERP? Identifies enforcement actions and timeframes
for correction of violations.
Timeframes: Violations must be corrected
• Within 10 business days ,
• Or before next rain event,
• OR record rationale for longer compliance.
Procedures for escalating the enforcement response.
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Example of Progressive Enforcement
Problem Enforcement Level Options Correct within
Illicit discharge – no significant harm to the environment
Verbal Warning or Notice of Violation
10 business days or before next rain event
Illicit discharge – significant harm to the environment
Notice of Violation or Stop Work Notice or Cost Recovery
10 business days or before next rain event
Failure to comply Notice of Violation or Stop Work Notice or Cost Recovery or Legal Action – and May refer to Water Board staff
10 business days or before next rain event
Documenting Violations
Violations identified during inspections (and other data) must be recorded on inspection form.
The specific category of the violation must be indicated.
Example on next slides.
Documenting Violations: Example
Documenting Violations: Example
Documenting Enforcement
For all violations: Show the level of enforcement on the checklist.
• Should be appropriate to violation and lead to timely, corrective compliance.
• Repeat violations should result in escalated enforcement response level.
Indicate the timeframe for correcting violation on checklist.
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Lessons Learned from 2013 ERP NOVs
Provide field scenarios for each level of enforcement.
Give timeframes and procedures to verify corrective actions implemented within 10 business days or before next rain.
Include discussion of which staff has authority to issue each level of enforcement.
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Lessons Learned from 2013 ERP NOVs
Provide discussion of escalating responses for repeat violations.
There should be consistent enforcement action in the ERP and Annual Report.
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What else should you know about the MRP?
Provision C.13.a. manage waste generated from cleaning/treating copper architectural features during construction
SMCWPPP BMP Fact Sheet
What else should you know about the MRP?
Provision C.3.h Stormwater Treatment Systems Operation &Maintenance (O&M) Verification Inspections• Municipalities must maintain a database of
Regulated Project treatment/HM controls• Report on inspections in Annual Report
What else should you know about the MRP?
SW Treatment Systems O&M Inspections continued..• specific requirements for number of inspections and
frequency:—Inspection of new BMPs within 45 days of
installation—Inspection of at least 20% of all BMPs installed—Inspection of at least 20% of total vault-based or
proprietary systems—Inspection of all BMPs at least once every 5 years
For More Information…
Municipal Regional Stormwater Permit www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/stormwater/mrp.shtml
SMCWPPP Construction BMP Resources
http://www.flowstobay.org/construction
CASQA Construction BMP Handbook Portal (available on web by subscription – contact your agency stormwater coordinator for information on how to access the portal) www.casqa.org
